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ELEMENTS 


OF 


CIVIL GOVERNMENT 


A TEXT-BOOK FOR USE IN PUBLIC SCHOOLS 
HIGH SCHOOLS AND NORMAL SCHOOLS 

AND 

A MANUAL OF REFERENCE FOR TEACHERS 


BY ' 

/ 

ALEX. L. PETERMAN 

U 




LATE PKINCIPAL AND PROFESSOR OF CIVIL GOVERNMENT IN THE NORMAL 
SCHOOL OF THE KENTUCKY STATE COLLEGE, AND MEMBJER 
OF THE KENTUCKY STATE SENATE 


, I 0' ' r.,, _■ 


/ 


■/ 






AMERICAN BOOK COMPANY ' 


NEW YORK CINCINNATI CHICAGO 




Copyright, 1891, by 

AMERICAN BOOK COMPANY. 


PET. CIV. GOV, 


E-P 1 




DEDICATION. 


To the thousands of devoted Teachers in every part of the land, 
who are training the boys and girls of to-day to a true conception of 
American citizenship, and to a deeper love for our whole country, 
this little book is dedicated by a Brother in the work. 












PREFACE. 


This text-book begins “at home.” The starting- 
point is the family, the first form of government 
with which the child comes in contact. As his 
acquaintance with rightful authority increases, the 
school, the civil district, the township, the county, 
the State, and the United States are taken up in 
their order. 

The book is especially intended for use in the 
public schools. The plan is the simplest yet devised, 
and is, therefore, well adapted to public school pur¬ 
poses. It has been used by the author for many 
years, in public schools, normal schools, and teach¬ 
ers’ institutes. It carefully and logically follows the 
much praised and much neglected synthetic method. 
All students of the science of teaching agree that 
beginners in the study of government should com¬ 
mence with the known, and gradually proceed to the 
unknown. Yet it is believed this is the first text¬ 
book that closely follows this method of treating the 
subject. 

The constant aim has been to present the subject 
in a simple and attractive way, in accordance with 
sound principles of teaching—that children may grow 
into such a knowledge of their government that the 
welfare of the country may “ come home to the bush 
ness and bosoms ” of the people. 

The recent increase of interest among the people 

( 5 ) 



6 


PREFACE, 


Upon the subject of government is a hopeful sign. 
It will lead to a better knowledge of our political 
institutions, and hence give us better citizens. 
Good citizenship is impossible unless the people 
understand the government under which they live. 

It is certainly strange that every State in the 
Union maintains a system of public schools for the 
purpose of training citizens, and that the course of 
study in so many States omits civil government, the 
science of citizenship. 

The author’s special thanks are due Hon. Joseph 
Desha Pickett, Ph.D., Superintendent of Public In¬ 
struction of Kentucky, for the suggestion which led 
to the preparation of the work and for excellent 
thoughts upon the plan. The author also desires to 
confess his obligation to President James K. Patter¬ 
son, Ph.D., and Professor R. N. Roark, A.M., of the 
Kentucky State College, Lexington, for valuable sug¬ 
gestions as to the method of treatment and the 
scope of the book. 

The author has derived much assistance from the 
many admirable works upon the same subject, now 
before the country. But he has not hesitated to 
adopt a treatment different from theirs when it has 
been deemed advisable. He submits his work to a 
discriminating public, with the hope that he has not 
labored in vain in a field in which so many have 
wrought. 

ALEX. L. PETERMAN. 

Lexington, Ky. 

May I, 1891. 


A FEW WORDS TO TEACHERS. 


I. Purpose of the Study. — Every school should 
teach, and every child should study, the principles of 
our government, in order: 

1. That by knowing his country better he may 
learn to love it more. The first duty of the 
school is to teach its pupils to love “ God, home, 
and native land.” 

2. That the child may learn that there is such a 
thing as just authority; that obedience to it is 
right and manly; that we must learn to govern 
by first learning to obey. 

3. That he may know his rights as a citizen, and, 
“knowing, dare maintain;” that he may also 
know his duties as a citizen, and, knowing, may 
perform them intelligently and honestly. 

4. That he may understand the sacredness of the 
right of suffrage, and aid in securing honest elec¬ 
tions and honest discharge of official duties. 

5. That he may better understand the history of 
his country, for the history of the United States 
is largely the history of our political institutions. 

2. Oral Instruction. —There is no child in your 
school too young to learn something of geography, 
of history, and of civil government. 

These three subjects are so closely related that it 
is easier and better to teach them together. All 

( 7 ) 



8 


A FEW WORDS TO TEACHERS, 


pupils not prepared for the text-book should, at least 
on alternate days, be instructed by the teacher in a 
series of familiar talks, beginning with “ The Family,” 
and proceeding slowly to “ The School,” “ The Civil 
District or Township,” “The County,” “The State,*” 
and “The United States.” In this system of oral 
instruction, which is the best possible preparation 
for the formal study of civil government, the plan 
and outlines of this book maybe used by the teacher 
with both profit and pleasure. 

3. Proper Age for Study of the Text-book. —The 
plan and the style of this book are so simple that the 
subject will be readily understood by pupils reading 
in the “ Fourth Reader.” Even in our ungraded 
country schools the average pupil of twelve years is 
well prepared to begin the study of the text-book in 
civil government. It is a serious mistake to post¬ 
pone this much neglected subject until a later age. 
Let it be introduced early, that the child’s knowledge 
of his government may “ grow with his growth, and 
strengthen with his strength.” 

4. Two Parts.-^It will be observed that the book 
is divided into two parts: the former treating the 
subject concretely, the latter treating it abstractly. 

Beginners should deal with things, not theories; 
hence, the abstract treatment of civil government is 
deferred until the pupil’s mind is able to grasp it. 

For the same reason, definitions in the first part of 
the book are few and simple, the design of the author 
being to illustrate rather than to define; to lead the 
child to see, rather than to burden his mind with fine¬ 
spun statements that serve only to confuse. In an 


A FEJV WORDS TO TEACHERS. 


9 


elaborate work for advanced students the method of 
treatment would, of course, be quite different. 

5. Topical Method. —The subject of each para¬ 
graph is printed in bold-faced type, thus specially 
adapting the book to the topical method of recita¬ 
tion. This feature also serves as a guide to the pupil 
in the preparation of his lesson. 

6. Suggestive Questions. —In deference to the 
best professional thought, the author has omitted all 
questions upon the text, knowing that every /we 
teacher prefers to frame his own questions. The 
space usually allotted to questions upon the text is 
devoted to suggestive questions, intended to lead the 
pupil to think and to investigate for himself. 

The author sincerely hopes that the teacher will 
not permit the pupil to memorize the language of 
the book, but encourage him to express the thought 
in his own words. 


0 


V 






CONTENTS. 


CHAPTER I. 


THE FAMILY. 


PAGE 

Introductory—Definition—Purposes — Members — Rights — Du¬ 
ties—Officers—Powers—Duties—Responsibility—Suggestive 
Questions.. 


CHAPTER H. 

THE SCHOOL AND SCHOOL DISTRICT. 

Introductory—Definition and Purposes—Formation—Functions 
—Members—Children—Rights—Duties — Parents — Rights 
and Duties—Government—Officers—Appointment—Duties 
—Teacher—Powers—Duties—Suggestive Questions . . , 2T 

CHAPTER HI. 

THE CIVIL DISTRICT. 

Introductory—Civil Unit Defined—General Classes—Civil Dis¬ 
trict — Number—Size — Purposes—Government—Citizens— 
Rights—Duties—Officers—Justice of the Peace—Election— 
Term of Office—Duties—Constable—Election—Term of 
Office — Duties — Suggestive Questions .. . 27 

CHAPTER IV. 

THE TOWNSHIP, OR TOWN. 

Introductory—Formation—Number—Size — Purposes — Citizens 
—Rights—Duties—Government—Corporate Power— Officers 
—Legislative Department — People — Trustees—Executive 
Department—Clerk—Treasurer—School Directors—Assess¬ 
ors—Supervisors—Constables—Other Officers—Judicial De¬ 
partment—Justices—Suggestive Questions. 37 


(II) 






12 


CONTENTS. 


CHAPTER V. 

THE COUNTY. 

PAGE 

Introductory—Purposes—Formation—Area—County Seat—Gov¬ 
ernment—Corporate Power—Departments—Officers— Legis¬ 
lative Department—County Commissioners, or Board of 
Supervisors—Executive Department—County Attorney, or 
Prosecuting Attorney—County Superintendent of Schools— 
Sheriff—Treasurer—Auditor—County Clerk, or Common 
Pleas Clerk—Recorder, or Register—Surveyor—Coroner— 
Other Officers—Judicial Department—County Judge, or 
Probate Judge—Suggestive Questions .49 

CHAPTER VI. 

MUNICIPAL CORPORATIONS—VILLAGES, BOROUGHS, AND CITIES. 

The Village or Borough—Incorporation—Government—Officers— 
Duties—The City—Incorporation—Wards—City Institutions 
—Finances—Citizens—Rights and Duties—Government— 
Officers—Duties—Suggestive Questions.57 

CHAPTER VII. 

THE STATE. '' 

Introductory—Definition—Formation of Original States—Ad¬ 
mission of New States—Purposes—Functions—Institutions 
—Citizens—Rights—Duties—Constitution—Formation and 
Adoption—Purposes—Value—Contents—Bill of Rights— 
Suggestive Questions.65 

CHAPTER VIII. 

THE {Continued). 

Government Departments—Legislative Department—Qualifica¬ 
tions — Privileges — Power—Sessions — Functions—Forbid¬ 
den Powers—The Senate—House of Representatives—Sug¬ 
gestive Questions.yg 





CONTENTS. 


13 


CHAPTER IX. 

THE STATE — {Continued). 

Executive Department — Governor — Term — Qualifications — 
Powers—Duties—Lieutenant-Governor—Secretary of State 
—Auditor — Comptroller — T reasurer — Attorney-General— 
Superintendent of Public Instruction—Other Officers—Sug¬ 
gestive Questions. 


CHAPTER X. 

THE STATE— {Continued). 

Judicial Department—Purposes—Supreme Court—District, or 
Circuit Court—Territories—Executive Department—Legis¬ 
lative Department—Judicial Department—Representation in 
Congress—Laws—Local Affairs—Purposes—Arizona—New 
Mexico — Oklahoma— Utah—Alaska — Indian Territory— 
District of Columbia—Suggestive Questions . » . . . . 

CHAPTER XL 

THE UNITED STATES. 

Introductory—Formation—Form of Government—Purposes— 
Functions — Citizens — Naturalization — Rights—Aliens — 
Constitution — Formation — Necessity — Amendment — De¬ 
partments—Suggestive Questions. 

CHAPTER XII. 

THE UNITED STATES— {Continued). 

Legislative Department—Congress—Privileges of the Houses— 
Privileges and Disabilities of Members—Powers of Con¬ 
gress—Forbidden Powers—Senate—House of Representa¬ 
tives—The Speaker—Other Officers—Suggestive Questions . 

CHAPTER XIII. 

THE UNITED STATES— {Continued). 

Executive Department—President—Qualifications—Election— 
Inauguration—Official Residence—Dignity and Responsibii- 


PAGE 


84 


92 


98 


no 





14 


CONTENTS. 


PACK 

ity—Messages—Duties and Powers—Cabinet—Department 
of State—Diplomatic Service—Consular Service—Treasury 
Department—Bureaus—War Department—Bureaus—Mili¬ 
tary Academy—Navy Department—Bureaus—Naval Acad¬ 
emy—Post-Office Department—Bureaus—Interior Depart¬ 
ment—Bureaus—Department of Justice—Department of 
Agriculture—Suggestive Questions. 125 

CHAPTER XIV. 

THE UNITED STATES — {Continued). 

Judicial Department—Jurisdiction of U. S. Courts—Supreme 
Court of the United States—Jurisdiction—Dignity—United 
States Circuit Courts of Appeals—United States Circuit 
Court—United States District Court—Court of Claims— 
Other Courts—Term of Service—Officers of Courts—Sug¬ 
gestive Questions.148 


CHAPTER XV. 

GOVERNMENT. 

Origin and Necessity—P'or the People—Kinds—Forms of 
Civil Government—Monarchy—Aristocracy—Democracy— 
Suggestive Questions.156 

CHAPTER XVI. 

JUSTICE. 

Rights and Duties—Relation of Rights and Duties—Civil Rights 
and Duties—Industrial Rights and Duties—Social Rights 
and Duties—Moral Rights and Duties—Political Rights and 
Duties—Suggestive Questions.161 

CHAPTER XVH. 

LAW AND LIBERTY. 

Origin—Kinds of Law—Courts—Suits—Judges—Grand Jury— 
Trial Jury—Origin of Juries—Officers of Courts—Suggestive 
Questions .'.168 







CONTENTS. 


15 


CHAPTER XVIII. 


SUFFRAGE AND ELECTIONS. 


PAGE 

Suffrage—Importance—Elections—Methods of Voting—Officers 

of Elections—Bribery—Suggestive Questions . . . . o 175 


CHAPTER XIX. 

THE AUSTRALIAN BALLOT SYSTEM. 

Origin—In the United States—Principles—Requirements—Vot¬ 
ing— Advantages—Forms of Ballots — In Louisville — In 
Massachusetts—In Indiana—Suggestive Questions . . .179 


CHAPTER XX. 

PARTIES AND PARTY MACHINERY. 

Origin — Necessity — Party Machinery — Committees—Conven¬ 
tions—Calling Conventions—Local and State Conventions— 
National Convention — Platform — Nominations — Primary 
Elections—Caucuses—Suggestive Questions. 187 

CHAPTER XXL 

LEGISLATION. 

Bills—Introduction—Committees—Reports—Amendments—Pas¬ 
sage—Suggestive Questions. 195 

CHAPTER XXII. 

REVENUE AND TAXATION. 

Revenue—Taxation—Necessity of Taxation—Direct Taxes—In¬ 
direct Taxes—Customs or Duties—Internal Revenue—Sug¬ 
gestive Questions.i 99 








ELEMENTS 


OF 

CIVIL GOVERNMENT. 


PART I. 

CHAPTER I. 

THE FAMILY. 

Introductory.* — People living in the United 
States owe respect and obedience to not less than 
four different governments; that is, to four forms of 
organized authority. They have duties as citizens 
of a township or civil district, as citizens of a county, 
as citizens of some one of the States, and as citizens 
of the United States. All persons are, or have been, 
members of a family; some also live under a village 
or city government; and most children are subject 


* To THE Teacher. —Do not assign to the average class more 
than two or three pages of the text as a lesson. Make haste slowly. 
When each chapter is completed let it be reviewed at once, while the 
pupil’s interest is fresh. 

See that the “ Suggestive Questions ” at the end of the chapter are 
not neglected. If necessary, devote special lessons to their considera¬ 
tion. Assign the “questions” to the members of the class, to be 
answered on the following day, giving not more than two “ques¬ 
tions ” to any pupil. 

Pet. C. Go.—2 


( 17 ) 




i8 


THE FAMILY, 


to the government of some school. Many people in 
this country live under six governments—namely, the 
family, the township or civil district, the village or 
city, the county, the State, and the United States; 
while children who live in villages or cities, and 
attend school, are subject to seven different govern¬ 
ments. These organizations are so closely related 
that the duties of the people as citizens of one do 
not conflict with their duties as citizens of the others. 
The better citizen a person is of one of these gov¬ 
ernments the better citizen he is of all governments 
under which he lives. 

Definition. —Each of us is a member of some fam¬ 
ily. We were born into the family circle, and our 
parents first taught us to obey. By insisting upon 
obedience, parents govern their children, and thus 
keep them from evil and from danger. The family, 
then, is a form of government, established for the 
good of the children themselves, and the first gov¬ 
ernment that each of us must obey. 

Purposes. —The family exists for the rearing and 
training of children, and for the happiness and pros¬ 
perity of parents. All children need the comforts 
and restraints of home life. They are growing up to 
be citizens and rulers of the country, and should 
learn to rule by first learning to obey. The lessons 
of home prepare them for life and for citizenship. 

MEMBERS. 

The members of the family are the father, the 
mother, and the children; and the family govern¬ 
ment exists for all, especially for the children, that 


OFFICERS. 


19 


they may be protected, guided, and taught to be¬ 
come useful men and women. The welfare of each 
and of all depends upon the family government, 
upon the care of the parents and the obedience of 
the children. 

Rights. —The members have certain rights; that 
is, certain just claims upon the family. Each has a 
right to all the care and protection that the family 
can give: a right to be kindly treated; a right to be 
spoken to in a polite manner; a right to food, cloth¬ 
ing, shelter, and an opportunity to acquire an educa¬ 
tion ; a right to the advice and warning of the older 
members; a right to the respect of all. 

Duties. —As each of the members has his rights, 
each also has his duties; for where a right exists, a 
duty always exists with it. It is the duty of each to 
treat the others kindly ; to teach them what is right 
and what is wrong; to aid them in their work; to 
comfort them in their sorrows; and to rejoice with 
them in their gladness. It is the duty of the children 
to love their parents ; to obey them in all things ; to 
respect older persons ; and to abstain from bad habits 
and bad language. 


OFFICERS. 

The officers of the family government are the 
father and the mother. They were made officers 
when they were married, so that the rulers of the 
family are also members of the family. The office of 
a parent is a holy office, and requires wisdom for the 
proper discharge of its duties. 

Powers. —The parents have power to make rules, 


20 


THE FAMILY, 


to decide when these have been broken, and to insist 
that they shall be obeyed. They make the law of 
the family, enforce the law, and explain the law. 
They have supreme control over their children in all 
the usual affairs of life, until the children arrive at 
the legal age—twenty-one years. 

Duties, Responsibility. —Parents should be firm 
and just in their rulings ; they should study the wel¬ 
fare of their children, and use every effort to train 
them to lives of usefulness and honor. It is the 
duty of parents to provide their children with food, 
clothing, shelter, and the means of acquiring an edu¬ 
cation. There is no other responsibility so great as 
the responsibility of fathers and mothers. They are 
responsible for themselves, and the law makes them 
partly responsible for the conduct of their children. 
Therefore, one of the highest duties of a parent to 
his children is to exact obedience in all right things, 
in order that the children may be trained to true 

manhood and womanhood. 

• 

SUGGESTIVE QUESTIONS. 

1. Name some of the restraints of home life. 

2. Why does the welfare of all depend upon the family gov¬ 
ernment ? 

3. Why do rights and duties always exist together ? 

4. Name some bad habits. 

5. Why should children abstain from bad habits .? 

6. What is true manhood ? 

7. Are disobedient children apt to make good citizens ? 

8. Should a father permit his bad habits to be adopted by 
his children ? 


CHAPTER 11. 


THE SCHOOL. 

Introductory. —When children reach the age of 
six or seven years, they enter the public school and 
become subject to its rules. We are born under 
government, and we are educated under it. We are 
under it at home, in school, and in after life. Law 
and order are everywhere necessary to the peace, 
safety, liberty, and happiness of the people. True 
liberty and true enlightenment can not exist unless 
regulated by law. 

Definition and Purposes. —A school district or 
sub-district is a certain portion of the town or county 
laid off and set apart for the purpose of establish¬ 
ing and maintaining a public school. It exists for 
educational reasons only, and is the unit of educa¬ 
tional work. The public schools are supported by 
funds raised partly by the State, and partly by the 
county or the township. They are frequently called 
common schools or free schools. It is the duty of 
the State to provide all children with the means of 
acquiring a plain English education, and the State 
discharges this duty by dividing the county into dis¬ 
tricts of such size that a school-house and a public 
school are within reach of every child. 

Formation. —The limits of the school district are 
usually fixed by the chief school officer of the coun¬ 
ty, by the town, by the school board, or by the peo- 

(21 ) 


22 


THE SCHOOL, 


pie living in the neighborhood. In most of the 
States districts vary greatly in size and shape; but 
in some of the States they have a regular form, each 
being about two miles square. 

Functions.—The functions, or work, of the school 
are solely educational. The State supports a system 
of public schools in order that the masses of the 
people may be educated. The country needs good 
citizens: to be good citizens the people must be 
intelligent, and to be intelligent they must attend 
school. 


MEMBERS. 

The members of the school district are the peo¬ 
ple living in it. All are interested, one way or an¬ 
other, in the success of the school. In most States 
the legal voters elect the school board, or trustees, 
and in some States levy the district school taxes. 
Those who are neither voters nor within the school 
age are interested in the intelligence and good name 
of the community, and are therefore interested in 
the public school. 

Children.—The children within the school age are 
the members of the school, and they are the most 
important members of the school district. It is for 
their good that the school exists. The State has 
provided schools in order that its children may be 
educated, and thus become useful men and women 
and good citizens. 

Rights.—Children, as members of the school, have 
important rights and duties. It is the right, one of 
the highest rights, of every child to attend the full 


GOVERNMEI^T. 


23 


session of the public school. Whoever prevents 
him from exercising this right commits an offense 
against the child and against the State. The State 
taxes its citizens to maintain a system of schools for 
the benefit of every child, and so every child has a 
right to all the State has provided for him. 

Duties. —As it is the right, it is also the duty of 
all children to attend the full session of the public 
school, or of some other equally as good. They 
should be regular and punctual in their attendance; 
they should yield prompt and cheerful obedience to 
the school government, and try to avail themselves 
of all advantages that the school can give. As it is 
the duty of the State to offer a plain English educa¬ 
tion to every child, so it is the duty of all children to 
make the most of all means the State has provided 
for their education. 

Parents, their Rights and Duties. —All parents 
have the right to send their children to the public 
school, and it is also their duty to patronize the pub¬ 
lic school, or some other equally as good. Fathers 
and mothers who deprive their children of the oppor¬ 
tunities of acquiring an education do them lasting 
injury. Parents should use every effort to give their 
children at least the best education that can be ob¬ 
tained in the public schools. 

GOVERNMENT. 

The school has rules to govern it, that the pupil 
may be guided, directed, and protected in the pur¬ 
suit of knowledge. Schools can not work without 
order, and there can be no order without govern- 


24 


THE SCHOOL, 


ment. The members of the school desire that good 
order be maintained, for they know their success de¬ 
pends upon it; so that school government, like all 
other good government, exists by the consent and 
for the good of the governed. 

Officers. —The school, like all other governments, 
has its officers. These are the school board, or trus¬ 
tees, and the teacher. They are responsible for the 
government and good conduct of the school. There 
are, in most governments, three kinds of officers, 
corresponding to the three departments of govern¬ 
ment—the legislative, the judicial, and the executive. 
The legislative department of the government makes 
the laws, the judicial department explains them, and 
the executive department executes them. School 
officers are mostly executive; that is, their chief 
duties are to enforce the laws made by the legisla¬ 
ture for the government of the public schools. As 
they also make rules for the school, their duties are 
partly legislative. 

Appointment, Term of Office. —The district offi¬ 
cers are usually elected by the legal voters of the 
school district; but in some States they are appointed 
by the county superintendent, or county school com¬ 
missioner as he is often called. In most States the 
term of office is three years, but in some it is two 
years, and in others it is only one year. Directors 
receive no pay for their services. 

Duties. —In most States it is the duty of the 
district officers to raise money by levying taxes for 
the erection of school-buildings, and to superintend 
their construction; to purchase furniture and appa- 


GOVERNMENT, 


25 


ratus; to care for the school property; to employ 
teachers and fix their salaries; to visit the school 
and direct its work; to take the school census; and 
to make reports to the higher school officers. In 
some States, as in Indiana, most of these duties be¬ 
long to the office of township trustee. 

The Teacher. —The teacher is usually employed 
by the directors or trustees, but in some States he is 
employed by the township trustee or by the county 
superintendent. He must first pass an examination 
before an examiner, or board of examiners, and obtain 
therefrom a certificate or license entitling him to 
teach in the public schools. 

Powers. —The teacher has the same power and 
right to govern the school that the parent has to 
govern the family. The law puts the teacher in the 
parent’s place and expects him to perform the parent’s 
office, subject to the action of the directors or trus¬ 
tees. It clothes him with all power necessary to 
govern the school, and then holds him responsible 
for its conduct, the directors having the right to dis^ 
miss him at any time for a failure to perform his 
duty. 

Duties. —The teacher is one of our most important 
officers. The State has confided to him the trust of 
teaching, of showing boys and girls how to be useful 
men and women, of training them for citizenship. 
This is a great work to do. The State has clothed 
him with ample power for the purpose, and it is his 
duty to serve the State faithfully and well. The 
teacher should govern kindly and firmly. Every 
pupil in school, of whatever age or size, ewes him 


26 


THE SCHOOL. 


cheerful and ready obedience. It is his duty, the 
duty for which he is paid, to insist upon this obedi¬ 
ence ; to govern the school; to teach the pupils to 
obey while they are children, in order that they may 
rule well when they become rulers; that is, when 
they become citizens. 

SUGGESTIVE QUESTIONS. 

1. Why are law and order necessary to the peace and hap¬ 
piness of the people ? 

2. Why are public schools sometimes called free schools or 
common schools ? 

3. About how many square miles are there in a school dis¬ 
trict in this county ? 

4. What is the official title, and what the name, of the chief 
school officer of this county ? 

5. Why does the State want its people educated ? 

6. Why should children be regular and punctual in their 
attendance ? 

7. What can parents do to aid their children to acquire an 
education ? 

8. What number of directors do you think would be best 
for the school district 1 Why ? 

9. Should directors receive compensation ? How much ? 

10. Why should the teacher pass an examination } 

11. Should he be examined every year ? 

12. Why does the law place the teacher in the parent’s 
place ? 

13. Why are citizens said to be rulers ? 

QUESTION FOR DEBATE. 

Resolved, That it is right for a man without children to pay 
s^chool taxes. 


CHAPTER III. 


THE CIVIL DISTRICT. 

Introductory. —In our study, thus far, we have 
had to do with special forms of government as exer¬ 
cised in the family and in the school. These are, in 
a sense, peculiar to themselves. The rights of gov¬ 
ernment as administered in the family, and the rights 
of the members of a family, as well as their duties to 
each other, are natural rights and duties; they do 
not depend upon society for their force. In fact, 
they are stronger and more binding in proportion as 
the bands of society are relaxed. 

In the primitive state, before there was organized 
civil society, family government was supreme; and, 
likewise, if a family should remove from within the 
limits of civil society and be entirely isolated, family 
government would again resume its power and bind¬ 
ing force. 

School government, while partaking of the nature 
of civil government, is still more closely allied to 
family government. In the natural state, and in 
the isolated household, the education of the child 
devolves upon the parents, and the parent delegates 
a part of his natural rights and duties to the teacher 
when he commits the education of his child to the 
common school. The teacher is said to stand in loco 
parentis (in the place of the parent), and from this 
direction, mainly, are his rights of government derived. 

(27) 


I 


28 the civil district. 

The school, therefore, stands in an intermediate 
position between family government and civil gov¬ 
ernment proper, partaking of some features of each, 
and forming a sort of stepping-stone for the child 
from the natural restraints of home to the more 
complex demands of civil society. The school dis¬ 
trict, also, while partaking of the nature of a civil 
institution, is in many respects to be regarded as a 
co-operative organization of the families of the neigh¬ 
borhood for the education of their children, and its 
government as a co-operative family government. 

THE CIVIL UNIT DEFINED. 

In nearly every part of the United States there is 
a unit of civil society in which the people exercise 
many of the powers of government at first hand. 
This civil unit is variously named in the different 
States, and its first organization may have been for 
some minor purpose; but it has grown to be an im¬ 
portant sphere of government in many States, and 
throughout the entire country it is the primary school 
of the citizen and the voter. 

There are many different names by which this 
civil unit is known. 

In Alabama and Mississippi it is called the Beat^ 
and this name is no doubt derived from the original 
purpose of the organization, as the jurisdiction of a 
watchman or constable. 

In Delaware it is called the Hundred, which is the 
old English subdivision of a county, supposed to 
contain one hundred families, or one hundred men 
able to bear arms in the public service. 


THE CIVIL UNIT DEFINED. 


29 


In the New England States, in New York, and in 
Wisconsin it is called the Town, from the old Anglo- 
Saxon civil unit, which antedates the settlement of 
England by its Saxon invaders, and is probably older 
than the Christian era. 

In Arkansas, California, Illinois*, Indiana, Iowa, 
Kansas, Missouri, Michigan, Minnesota, North Caro* 
lina. New Jersey, Ohio, and Pennsylvania, it is called 
the Township, only a variation of name from the 
“ town,” and having the same origin. 

In Florida it is called the Election Precmct, from 
the fact that it was the subdivision made for the 
convenience of voters. 

In Georgia it is called the Militia District, from 
the fact that each subdivision furnished a certain 
quota to the militia service of the State. 

In parts of Kentucky it is called the Voting Pre¬ 
cinct, for the same reason that it is elsewhere called 
the “ election precinct.” 

In other parts of Kentucky, in Virginia, and West 
Virginia, it is called the Magisterial District, from 
the fact that it was constituted as the limit of the 
jurisdiction of a local magistrate. 

In Louisiana it is called the Ward, perhaps for the 
reason that from each one of these subdivisions a 
warden was elected to administer the parish govern¬ 
ment. 

In Maryland it is called the Election District. 

In Nebraska, Oregon, and Utah it is called the 
Precinct —merely another name for a definite sub¬ 
division of the county for governmental purposes. 

In Tennessee it is called the Civil District —prob- 


30 


THE CIVIL DISTRICT, 


ably, next to town ” or “ township,” the most fitting 
name for the smallest subdivision of civil govern¬ 
ment. 

In Texas it is called, in some parts, the Justice i 
Precinct^ as being the limit of a justice’s jurisdiction ; 
in other parts, the Communal District, evidently a 
survival of an old Spanish civil division ; and in still 
other parts, the Election Precinct, so called because it 
was a local subdivision for election purposes. 

In some of the New England States, also, districts 
which have not the entire town organization are 
provisionally called Plantations, being subject to the 
administration, in some local affairs, of other towns. 

But under whatever name the civil unit may exist, 
it is the primary seat of government. In many cases 
the original reason for the name has disappeared, 
while the character of the government has greatly 
changed, and been modified and developed from the 
first crude forms. 

Three General Classes. —As a result, there are 
at present but three general classes into which we 
need subdivide the civil unit in the various States: 
these are the Civil District, which would include the 
“Beat,” “Hundred,” “Election Precinct,” “Militia 
District,” and numerous other classes, embracing 
about one half the States of the Union; the Town, 
which has its fullest development in the New Eng¬ 
land States; and the Towjiship, which in some States 
has nearly the full development of a New England 
town, while in other States it has a looser organiza¬ 
tion, approximating the civil district of the Southern 
and Southwestern States. 



THE CIVIL DISTRICT, 


31 


THE CIVIL DISTRICT, PROPER. 

We shall treat of the various forms of the civil 
unit which we have classed under the general name 
of civil district before we speak of the town and the 
township, because they are simpler and much less 
developed, and therefore naturally constitute the 
simplest form of the civil unit. 

Number, Size. —In number and size, civil dis¬ 
tricts vary widely in different States and in differ¬ 
ent counties of the same State. There are rarely 
less than five or more than twelve districts to the 
county. 

Purposes. —The division of the county into dis¬ 
tricts, each with its own court of law, brings justice 
to the people’s doors. It secures officers to every 
part of the county, thus affording better means for 
the punishment of crimes. It provides a speedy 
trial for minor offences and minor suits. It aids the 
higher courts by relieving them of a multitude of 
small cases. As each district has one or more poll¬ 
ing-places, it secures convenience to the electors in 
casting their votes. 

Government. —The functions of the civil district 
are judicial and executive, and lie within a narrow 
range. Its government possesses no legislative or 
corporate power whatever; it can not make a single 
law, however unimportant. Within a narrow juris¬ 
diction or sphere, it applies the law to particular 
cases, and this is the chief purpose for its existence. 
Whenever the civil unit possesses more powers than 
are herein set forth, it is more properly described 


32 


THE CIVIL DISTRICT. 


under the township in the next chapter, no matter 
what name it may go by locally. 

CITIZENS. 

The citizens of the civil district are the people re¬ 
siding within it. It exists for their benefit, that they 
may be secure in life, liberty, and property. In a 
certain sense they constitute the district, since its 
government concerns them directly, and others only 
remotely. 

Rights.—All citizens have a right to the full and 
equal protection of the laws. Each has a right to be 
secure in his person and property ; to demand that 
the peace be preserved ; to do all things according to 
his own will, provided he does not trespass upon the 
rights of others. No one in the family, in the school, 
in the civil district, in the county, in the State, or in 
the nation, has the right to do or say any thing which 
interferes with the life, liberty, property, or happiness 
of another. Any act which interferes with the rights 
of others is an offence against the common good and 
against the law. It is chiefly for the prevention and 
punishment of these unlawful acts that the civil dis¬ 
trict exists, with its court and its officers. 

All legal voters of the district have the right to 
participate in its government by exercising a free 
choice in the selection of its officers, except in States 
where these officers are appointed. They have the 
right to cast their votes without fear or favor. This 
is one of the most important and sacred rights that 
freemen possess. Free government can not exist 
without it. The law guarantees it, and all the power 


OFFICERS. 


33 


of the State may be employed to maintain it. There 
fore, whoever prevents a voter from exercising the 
right of suffrage does it at his own peril. 

Duties. —As the citizens of the civil district have 
rights, they also have corresponding duties. As they 
may demand protection and the preservation of the 
peace, so it is their duty to obey the law and assist 
the officers in its enforcement, in order that the same 
protection may be extended to the whole people. 
Each should abstain from acts that injure others, and 
render cheerful aid to all in securing their rights 
through the law. 

All qualified voters have the right, and it is also 
their duty, to vote. The voters elect the officers of 
the district, and are therefore its rulers. When they 
fail to vote, they fail to rule—fail in their duty to the 
people and to themselves. The duty to vote implies 
the duty to vote right, to vote for good men and for 
good measures. Therefore, men should study their 
duty as voters, that they may elect honest, capable, 
faithful officers, and support the parties and princi¬ 
ples that will best promote the good of the country. 
Every man should study his political duty with the 
best light that he can obtain, decide what is right, 
and then vote his sentiments honestly and fearlessly 
If the district has good government, the voters de 
serve the credit; if it has bad government, the voters 
deserve the blame. 


OFFICERS. 

The officers of the district are the justices of the 
peace and the constable. In some States there is only 

Pet. C. Go.—3 


34 


THE CIVIL DISTRICT, 


one justice to each district, in other States there are 
two, and in others there are three. 

Justice of the Peace.—The office of justice of 
the peace is one of dignity and importance. Justices 
can render great service to society by the proper 
discharge of their duties. They may have much to 
do with enforcing the law, and therefore the best 
men should be elected to this office. 

Election, Term of Office.—Justices of the peace 
are usually elected by the qualified voters of the dis¬ 
trict. In some States the governor appoints them. 
The term of office is two, three, four, or even seven 
years, varying in different States. 

Duties.—The duties of justices of the peace are 
principally judicial, and their jurisdiction extends 
throughout the county. Upon the sworn statement 
of the person making complaint, they issue warrants 
for the arrest of offenders. With the aid of juries, 
they hold court for the trial of minor offences—such 
as the breach of the peace—punishable by fine or 
brief imprisonment. They sometimes try those 
charged with higher crimes, and acquit; or, if the 
proof is sufficient, remand the accused to trial by a 
higher court. This is called an examining trial. 
They try civil suits where the amount involved does 
not exceed a fixed amount—fifty dollars in some 
States, and one hundred dollars in others—and pre¬ 
vent crime by requiring reckless persons to give 
security to keep the peace. Justices sometimes pre¬ 
side, instead of the coroner, at inquests, and in some 
States they have important duties as officers of the 
county. 


SUGGESTIVE QUESTIONS. 


35 


Constable, Election, Term of Office. —There is 
usually one constable—in some States more—in each 
civil district. Constables, like the justices, are elected 
in most States; but in some they are appointed. 
The term of office is usually the same as that of the 
justice in the same State. 

Duties. —The constable is termed a ministerial 
officer because it is his duty to minister to, or wait 
upon, the justice’s court. He serves warrants, writs, 
and other processes of the justice, and sometimes 
those of higher courts. ’He preserves the public 
peace, makes arrests for its violation, and in some 
States collects the taxes apportioned to his civil dis¬ 
trict. 

SUGGESTIVE QUESTIONS. 

1. In what respect does civil government differ from family 
or school government ? 

2. Why does the government of the civil district concern 
its people directly and others remotely ? 

3. What is meant by the civil unit ? By what names is it 
known in the various States ? 

4. What are the three general classes under which the civil 
unit may be considered ? 

5. Why can not free government exist without the right to 
vote ? 

6. Why should the people try to secure their rights through 
the law ? 

7. What is the purpose of the subdivision of a county into 
districts ? 

8. Define in general terms the rights and duties of the citi¬ 
zens of civil districts. 

9. By what other names are justices of the peace sometimes 
called ? 

10. Why is the jurisdiction of a justice’s court limited ? 


3^ 


THE CIVIL DISTRICT, 


11. Who are the justices of this civil district? 

12. When elected, and what is their term of office ? 

13. Who is constable of this district ? 

QUESTION FOR DEBATE. 

Resolved, That the government of the civil district should 
have a legislative department. 


CHAPTER IV. 


THE TOWNSHIP OR TOWN. 

Introductory. —We have learned that in the South* 
ern States the civil unit under various names may be 
described under the common name of the civil dis¬ 
trict ; that in the New England States it is called 
the town, and in many of the Western States it is 
known as the township. As the powers and func¬ 
tions of the town and the township are the same in 
kind, differing only in extent, and as the two names 
are so often used, the one for the other, we shall 
consider both under the head of the township. 

As a rule, the township possesses more extensive 
governmental functions in the Eastern than in the 
Western States, and in the West it possesses func¬ 
tions much more extensive than those of the civil 
district in the South. Many of the most important 
powers that belong to the county in the Southern 
States belong to the township in the Eastern and 
the Western States. 

Formation. —In the Eastern States the townships 
were formed in the first settlement of the country, 
and afterward a number of townships were combined 
to form the county. In the Western States the town¬ 
ships were surveyed, and their boundaries marked, 
by agents of the general government, before the Ter¬ 
ritories became States of the Union. As a natural 
result, the townships of the Eastern States are irreg- 

( 37 ) 


38 


THE TOWNSHIP OR TOWN, 


ular in shape and size, while those of the Western 
States have a regular form, each being about six 
miles square. In the Western States the township 
is usually composed of thirty-six sections, each sec¬ 
tion being one mile square, and containing six hun¬ 
dred and forty acres of land. 

Purposes. —It is an old and true maxim that 
government should be brought as near the people as 
possible. This the township system does. In our 
country all power resides in the people, and the 
township provides a convenfent means of ascertain¬ 
ing their wishes and of executing their will. The 
farther away the government, the less will be the 
people’s power; the nearer the government, the 
greater will be the people’s power. The township 
system enables each community to attend to its own 
local affairs—a work which no other agency can do so 
well—to remove readily and speedily its local public 
grievances, and to obtain readily and speedily its 
local public needs. 


CITIZENS. 

The citizens of the township are the people living 
in it, whether native or foreigners who have become 
citizens. It exists for their benefit, to afford them 
a means of securing their rights and of redressing 
their wrongs. It is these persons that the law has 
in view when setting forth the privileges and immu¬ 
nities of citizenship. 

Rights.—All citizens of the township are entitled 
to enjoy the rights of “ life, liberty, property, and 
the pursuit of happiness.” The township govern. 


CITIZENS, 


39 


ment exists for the purpose of securing these rights 
to the people. All have equal claims to the fullest 
protection of the law. They may use their own 
property as they choose, and do whatever pleases 
them, so long as they do not interfere with the rights 
of others. Whenever one’s act, speech, or property 
interferes with the rights of others, he falls under 
the censure of the law and becomes subject to its 
penalty. 

All male inhabitants born in the United States, 
and foreigners who have become citizens, who have 
resided within the State, county, and towhship the 
time required by law, are entitled to vote at all 
township, county, state, and national elections. Sev¬ 
eral States require the payment of poll-tax as a qual¬ 
ification to vote; others permit the subjects of for¬ 
eign countries to vote; and in a few States, women 
are permitted to vote in municipal elections. Luna¬ 
tics, idiots, paupers, and persons convicted of certain 
high crimes are disfranchised; that is, are not per¬ 
mitted to vote. The right of suffrage is one of great 
power and value, being the basis of all free govern¬ 
ment, and is jealously guarded by the laws of the 
land. 

Duties.—The people have extensive rights and 
they have equally extensive duties. Each citizen 
has rights that others must respect. It is the duty 
of each to observe and regard the rights of all other 
persons; and when he does not, the law interferes by 
its officers and deprives him of his own rights by 
fine or imprisonment, and in some instances by a still 
more severe penalty. It is the duty of the people to 


40 


THE TOWNSHIP OR TOWN 


love and serve the country; to be good citizens; 
to labor for the public good ; to obey the law, and to 
assist the officers in its enforcement. 

It is the duty of the qualified voters to give the 
township good government by electing good officers. 
A vote cast for a bad man or a bad measure is an 
attack upon the rights of every person in the com¬ 
munity. The power of suffrage is held for the pub¬ 
lic good; but it is used for the public injury when 
incompetent or unfaithful men are elected to office. 
Good government and the happiness and prosperity 
of the country depend upon an honest and intelli¬ 
gent vote. 


GOVERNMENT. 

The township government possesses legislative, 
judicial, and executive functions. It has a legislative 
department to make local laws, a judicial department 
to apply the laws to particular cases, and an execu¬ 
tive department to enforce these and other laws. 
The three functions are of nearly equal prominence 
in the Eastern States, but in the West the executive 
function is more prominent than the legislative and 
the judicial. 

Corporate Power.— Each township is a corpora¬ 
tion ; that is, in any business affair it may act as a 
single person. In its corporate capacity it can sue 
and be sued ; borrow money; buy, rent, and sell 
property for public purposes. When it is said that 
the township possesses these powers, it is meant that 
the people of the township, acting as a single polit¬ 
ical body, possess them. 


LEGISLATIVE DEPARTMENT. 


41 


Officers. —The officers of the township are more 
numerous, and their functions are more extensive 
than those of the civil district. Many officers are 
the same in name, and others have the same duties 
as those of the county in the Southern States. 

Legislative Department; the People. —In the 
Eastern States the legislative department of the 
township government has more extensive functions 
than in the West. In the New England States most 
local affairs belong to the township government, and 
the county is of minor importance. In these and 
a few other States the people make their own local 
laws instead of delegating this power to representa¬ 
tives. The electors of the township meet annually 
at a fixed place, upon a day appointed by law, dis¬ 
cuss questions of public concern, elect the township 
officers, levy township taxes, make appropriations of 
money for public purposes, fix the salaries and hear 
the reports of officers, and decide upon a course of 
action for the coming year. Thus the people them¬ 
selves, or more strictly speaking, the qualified voters, 
are the government. In some States special town 
meetings may be called for special purposes. The 
town meeting places local public affairs under the 
direct control of the people, and thus gives them a 
personal interest in the government, and makes them 
feel a personal responsibility for its acts. Another 
benefit of the system is that it trains the people to 
deal with political matters, and so prepares them to 
act intelligently in all the affairs of the State and the 
nation. 

In the Western States the county government is 


42 


THE TOWNSHIP OR TOWN. 


more important, and township legislation is confined 
to a narrow range. In power and importance the 
township of most Western States is intermediate ^ 
between the town of the East and the civil district 
of the South. 

Selectmen or Trustees. —The legislative power 
of the township is vested in the trustees, town coun¬ 
cil, or selectmen, as they are variously termed. The 
number of trustees or selectmen is not the same in all 
parts of the Union, being fixed at three in most States 
of the West, and varying in New England with the 
wishes of the electors. The trustees, councilmen, or 
selectmen are elected by the qualified voters of the 
township for a term of one, two, or three years, vary¬ 
ing in different States. They are the legal guardians 
of the public interests of the township, and make laws 
or ordinances, sometimes called by-laws, expressly 
pertaining to the local wants of the community, and 
to a limited extent may levy taxes. 

In some States, especially those of the East, the 
principal duties of the trustees or selectmen are 
executive. They divide the township into road dis¬ 
tricts ; open roads on petition; select jurors; build 
and repair bridges and town halls, where the expendi¬ 
ture is small; act as judges of elections; purchase 
and care for cemeteries; have charge of the poor not 
in the county charge; and act for the township in its 
corporate capacity. If any thing goes wrong in the 
public affairs of the town, complaint is made to 
these officers. 

Executive Department. —Most of the public 
affairs of the township, as well as of all other gov- 




EXECUTIVE DEPARTMENT. 


43 

ernments, pertain to the executive department. Its 
duties are far more extensive, and its officers are 
more numerous, than those of the other departments. 
The executive officers of the township are the clerk, 
the treasurer, the school directors, the assessor, the 
supervisors, and the constables. In most States all 
these officers are elected by the qualified voters; but 
in some the clerk, the treasurer, and the constables 
are elected by the town council. 

Clerk. —The clerk of the township is clerk of the 
trustees, council, or selectmen, and in some States 
of the school board. He attends the meetings of the 
trustees, and makes a careful record of the proceed¬ 
ings. He keeps the poll-lists and other legal papers 
of the township, administers, oaths, and notifies offi¬ 
cers of their election. In the New England States, 
and some others, he keeps a record of the marriages, 
births, and deaths, calls the town meeting to order, 
reads the warrant under which it is held, presides 
until a moderator is chosen, and then acts as clerk of 
the meeting. 

Treasurer. —Taxes collected from the people for 
local purposes are paid to the treasurer. He receives 
all fines, forfeitures, and license-fees paid to the town¬ 
ship. He is the keeper of the township funds, giving 
bond for the faithful performance of his duties, and 
pays out money upon the written order of the trus¬ 
tees, attested by the clerk. In some States, as in 
New York, there is no separate township treasurer, 
the above and other duties being performed by the 
supervisor, who is the chief officer of the township. 

School Directors. —The school directors have 


44 


THE TOWNSHIP OR TOWN. 


charge of the public schools of the township. The 
number of directors varies widely, being usually 
three, five, or more. In a few States, as in Ohio, the 
clerks of the district trustees constitute the township 
school directors, or township board of education. 
The directors levy taxes for school purposes, visit 
and inspect the public schools, adopt text-books, 
regulate the order of studies and length of the term, 
fix salaries, purchase furniture and apparatus, and 
make reports to the higher school officers. In some 
States they examine teachers and grant certificates 
to teach. In many States a part of these duties falls 
to the county superintendent. 

Assessor. —The assessor makes a list of the names 
of all persons subject to taxation, estimates the value 
of their real and personal property, assesses a tax 
thereon, and in some States delivers this list to the 
auditor, and in others to the collector of taxes. In 
most States there is also a poll-tax of from one to 
three dollars, sometimes more, laid upon all male 
inhabitants more than twenty-one years of age. In 
some States there are two or more assessors to the 
township, and in others real estate is valued only 
once in ten years. 

Commissioners, or surveyors of highways, have 
charge of the construction and repair of highways, 
summon those subject to labor on the road, and 
direct their work. 

Supervisor. —In some States the chief executive 
duties of the town fall upon the supervisor, but his 
principal duties are rather as a member of the county 
board of supervisors. 




JUDICIAL DEPARTMENT, 


45 


Constables. —Constables are ministerial and police 
officers. There are usually two or three in each 
township. They wait upon the justice’s court, and 
are subject to his orders. They preserve the public 
peace, serve warrants and other processes, and in 
some States act as collectors of taxes. 

Collector, etc. —In some States the township has 
a collector and three or more auditors. They are 
usually elected by the trustees, or council, but in a 
few of the States they are elected by the town meet¬ 
ing. The collector collects the township taxes, giv¬ 
ing bond for the faithful performance of his duties. 
In order to secure honesty and efficiency in public 
office, and to exhibit the financial condition of the 
township, the auditors annually examine the books 
of the treasurer and the collector, and publish a re¬ 
port showing the receipts and expenditures of public 
money. 

In a few States the township has a field-driver and 
a pound-keeper, whose respective duties are to take 
stray animals to the pound, an enclosure kept for the 
purpose, and to retain them with good care until the 
owner is notified and pays all expenses ; two or more 
fence-viewers, who decide disputes about fences; 
surveyors of lumber, who measure and mark lumber 
offered for sale; and sealers, who test and certify 
weights and measures used in trade. These officers 
are usually appointed by the selectmen. 

Judicial Department; Justices. —The judicial 
power is vested in the justices, who are elected by 
the qualified voters of the town. There are usually 
two or three justices, but in some States there is 


46 


THE TOWNSHIP OR TOWN. 


only one in each township. The term of office is 
one, two, three, four, or more years, varying in dif¬ 
ferent States. Justices preside in the justice’s court 
to hear and determine suits at law. “ This is the 
humblest court in the land, the court of greatest 
antiquity, and the court upon which all other courts 
are founded.” * The justice’s court tries petty 
offences and civil suits for small amounts. In some 
States the justices preside at the town meetings, and 
in others they perform the duties of coroner in the 
township. 


SUGGESTIVE QUESTIONS. 

1. Has this State the township system ? If so, give the name 
and number of your township. 

2. How does the township system provide a convenient 
means of ascertaining and of executing the people’s will ? 

3. Why is the people’s power greater when the government 
is near ? 

4. Why can the community manage its own affairs better 
than any other agency can manage them ? 

5. How do people secure their rights ? 

6. What is meant by falling under the censure of the law ? 

7. What is a naturalized person ? 

8. Is it right for subjects of foreign governments to vote ? 
Why? 

9. Is it right for women to vote in municipal elections ? 

10. Why is suffrage the basis of all free government ? 

11. What is a more severe penalty than imprisonment ? 

12. How can people serve the country? 

13. What is a good citizen ? 

14. Why is a bad vote an attack on the rights of the people ? 

15. What other laws than those made by the legislative 


* Thorpe’s Cim/ Government. 







SUGGESTIVE QUESTIONS. 


47 

department of the township does the executive department 
enforce ? 

16. How do you like the New England town meeting? 
Why? 

17. Name some duties that belong to the executive depart¬ 
ment. 

18. What is a poll-list ? 

19. What are the duties of judges of election? 

20. Of what use is a record of marriages, births, and deaths ? 

21. What is meant by license-fees ? 

22. What persons are subject to taxation ? 

23. What is a poll-tax, and is it right ? Why ? 

24. Who are subject to road duty in this State ? 

25. Give the names of the officers of this township. 

QUESTION FOR DEBATE. 

Resolved, That the town meeting is the best system of local 
government yet devised. 


CHAPTER V. 


THE COUNTY. 

Introductory. —The county is a political division 
of the State, and is composed of civil districts or of 
townships. It bears the name of county in all parts 
of the country except in Louisiana, where a similar 
organization is known as a parish. In New England 
the county has less power than the town; in the 
Western States it has more than the township; and 
in the Southern States it has far more than the civil 
district, being there the unit of political influence. 

Purposes. —The county organization brings jus¬ 
tice near the people, enables them to attend to local 
affairs too extensive for a smaller community,, and 
affords a medium by which they may transact busi¬ 
ness with the State. It serves as a convenient basis 
of apportioning members of the legislature among 
the people. It maintains local officers, such as sheriff 
and prosecuting attorney, whose duties would be too 
narrow if confined to a township. It secures a com¬ 
petent and higher tribunal than the justice’s court 
for the trial of suits at law. This was the original 
purpose, and is still the controlling reason for the 
division of the States into counties. 

Formation, Area. — Counties are formed, their 
rights are conferred, and their duties imposed, by act 
of the State legislature. In most States counties 
vary greatly in shape and size, but in some of the 
(48) 


COUNTY GOVERNMENT. 


49 


Western States they have a regular form. The aver¬ 
age area of counties in the United States is eight 
hundred and thirty square miles; the average area 
of those east of the Mississippi River is only three 
hundred and eighty square miles. 

County Seat. —The county government resides at 
the county seat, county town, or shire town, as it is 
variously called. The court-house, the jail, the pub¬ 
lic offices, and sometimes other county buildings are 
located at the county seat. Here are kept the records 
of the courts; also, usually copies of the deeds, wills, 
mortgages, and other important papers of the people. 

COUNTY GOVERNMENT, 

The county, like the United States, the State, and 
the township, has a republican form of government; 
that is, it is governed by representatives elected by 
the people. In nearly all States the county govern¬ 
ment has three departments, legislative, executive, 
and judicial; but the functions of making, of execut¬ 
ing, and of explaining the laws, are not always kept 
separate and distinct. In a few States the county 
does not have a judicial department. 

Officers. —County officers and township officers 
have duties similar in kind, but the former have 
charge of the larger interests. The usual officers of 
the county are the commissioners or supervisors, the 
county attorney or prosecuting attorney, the county 
superintendent of schools or school commissioner, 
the sheriff, the treasurer, the auditor, the county 
clerk or common pleas clerk, the surveyor, the coro¬ 
ner, and the county judge and surrogate, or probate 

Pet. C. Go.—4 


50 


THE COUNTY. 


judge. In the counties of many States one or mors 
of these officers are lacking, and others have different 
names from those here given. In the Western and 
the Southern States county officers are elected by 
the direct vote of the people; in the New England 
States they are elected by a convention of delegates 
from the various towns of the county. The terms 
of county officers vary in different parts of the Union, 
being usually two, three, or four years; but in some 
States certain officers are elected for a longer term. 

Legislative Department: County Commission¬ 
ers, or Board of Supervisors. —In most States the 
public interests of the county are intrusted to a board 
of officers, three or five in number, called county 
commissioners. In some States the board consists 
of one or more supervisors from each township, and 
is called the board of supervisors. In a few States 
the board consists of all the justices of the county, 
with the county judge as presiding officer. 

The county commissioners, or board of supervis¬ 
ors, have charge of the county property, such as the 
court-house, the jail, and the county infirmary; make 
orders and raise funds for the erection of county 
buildings, and for the construction and improvement 
of highways and bridges; provide polling-places; 
make appropriations of money for public purposes; 
and act as the chief agents of the county in its cor¬ 
porate capacity. In some States they fix the salaries 
of county officers; in others they have power to form 
new townships and to change the township bounda¬ 
ries. In several States the functions of the board 
are almost wholly executive. 


COUNTY GOVERNMENT, 


51 


Executive Department: County Attorneys, or 
Prosecuting Attorneys.— The county attorney, or 
prosecuting attorney, is the county’s counsellor at 
law, and when requested gives legal advice to all 
the county officers. It is his duty to prosecute the 
accused in the trial of crimes and offences, in the 
justice’s court, the county court, and in some States 
in the circuit court or district court; to represent 
the county in all civil suits to which it is a party; 
and to act for it in all cases in which its legal inter¬ 
ests are involved. 

County Superintendent of Schools. — In some 
States there is no county superintendent of schools. 
In most States there is such an officer elected by the 
township school directors or by the people of the 
county, or appointed by the State superintendent of 
public instruction. In a few States the county is 
divided into two or more districts, each having a 
commissioner of schools. 

The county superintendent, or school commission¬ 
er, is the chief school officer of the county. He ad¬ 
ministers the public school system, condemns unfit 
school-houses and orders others built, examines 
teachers and grants certificates, holds teachers’ insti¬ 
tutes, visits and directs the schools, instructs teachers 
in their duties, interests the people in education, and 
reports the condition of the schools to the State 
superintendent of public instruction. He is one oi 
the most important officers of the county, a capable 
administration of his duties being of the greatest 
benefit to the whole people. 

Sheriff. —“ The sheriff is the guardian of the peace 




52 


THE COUNTY. 


of the county and the executive officer of its courts.”* 
He preserves the peace, arrests persons charged with 
crime, serves writs and other processes in both civil 
and criminal cases, makes proclamation of all elec¬ 
tions, summons jurors, and ministers to the courts 
of his county. In States having no county jailer, 
the sheriff has charge of the prisons and prisoners, 
and is responsible for their safe-keeping. When per¬ 
sons refuse to pay their taxes, he seizes and sells 
enough property to pay the sum assessed; and in 
some States he is the collector of all State and 
county revenue. 

County Treasurer.—The duties of the treasurer 
are indicated by the title of his office. He receives 
all county taxes, licenses, and other money paid into 
the county treasury. In most States he is custodian 
of the county’s financial records, and of the tax-col¬ 
lector’s books, and in others he collects all the taxes 
assessed in the county. He gives bond for the faith¬ 
ful performance of his duties, and pays out funds 
upon the warrant of the county commissioners. In 
most States having no county treasurer, the sheriff 
is keeper of the public money. 

Auditor.—The auditor is the guardian of the 
county’s financial interests. He examines the books 
and papers of officers who receive or disburse county 
funds ; keeps a record of receipts and expenditures ; 
draws all warrants for the payment of public money ; 
and publishes a report of the county’s financial trans¬ 
actions. In some States he receives the assessor’s 


Thorpe’s Civil Government, 



COUNTY GOVERNMENT. 


S3 


returns, apportions taxes among the people, and pre¬ 
pares the tax-collector’s duplicate list. In States 
having no county auditor, these duties are performed 
by other officers. 

County Clerk, or Common Pleas Clerk. —The 

county clerk, or common pleas clerk, is the recording 
officer of the county court, or probate court, and in 
some States of the circuit court. He issues writs, 
preserves papers, and records judgments. In many 
States he issues licenses, preserves election returns, 
and records wills, deeds, mortgages, and other im¬ 
portant papers. ^ 

Recorder, or Register. —In many States the 
county has a recorder, or register, instead of the county 
clerk, and in some States it has both. The recorder, 
or register, makes a record in books kept for that 
purpose, of wills, deeds, mortgages, village plats, and 
powers of attorney. Some of these instruments must 
be recorded in order to make them valid in law. In 
some States having no recorder, these duties are 
performed by the township clerk, and in others by 
the county clerk. 

Surveyor. —The county surveyor, or engineer, sur¬ 
veys tracts of land to locate lines, determine areas, 
and to settle conflicting claims. In some States his 
services are frequently needed in the transfer of real 
estate. In most States he makes plots of surveys, 
issues maps of the county, and has charge of the con¬ 
struction of roads and bridges. 

Coroner. —The coroner investigates the death of 
persons who have iiied by violence, or in prison, of 
from causes unknown. He receives notice of the 


54 


THE COUNTY. 


death; a jury is summoned; witnesses testify; and 
the jury renders a verdict in writing, stating the cause 
and the manner of the death. This inquiry is known 
as coroner sinquest. In some States when the office 
of sheriff is vacant, the coroner performs the duties. 

Other Officers. —In some States there are super¬ 
intendents of the poor, or infirmary directors, who 
have charge of the county infirmary in which the 
dependent poor are maintained ; in others the town¬ 
ship overseers of the poor support these unfortu¬ 
nates with funds furnished for that purpose by the 
county. In some States there is a collector who col¬ 
lects all the taxes of the county; a county jailer who 
holds prisoners in custody and has charge of the 
county buildings, under the commissioners’ direc¬ 
tions ; and also a circuit clerk, or district clerk, who 
is the recording officer of the circuit court, or dis¬ 
trict court as it is often called. 

Judicial Department: County Judge or Pro¬ 
bate Judge. —The judicial power of the county is 
vested in the county judge, or probate judge, who in 
many States is its most prominent and important 
officer. He has jurisdiction of wills and estates, ap¬ 
points administrators and guardians, and settles their 
accounts. In many states he grants licenses; pre¬ 
sides over the legislative body of the county ; makes 
orders opening roads and appointing overseers of 
the public highway; appoints officers of elections; 
holds examining trials; sits in the county court to 
try minor offences and civil suits for small amounts ; 
and in a few States acts as county superintendent of 
schools. 


SUGGESTIVE QUESTIONS. 


55 


In some States there is a probate judge, or judge 
of the orphan’s court, in addition to the county judge. 

SUGGESTIVE QUESTIONS. 

1. What is meant by unit of political influence ? 

2. What affairs are too extensive for a smaller community 
than the county ? 

3. Why is the county seat so called ? 

4. State the terms and the names of the officers of this 
county. 

5. Why do the officers of the county need legal advice ? 

6. What is meant by the sheriff administering to the 
courts ? 

7. What are licenses } 

8. Of -what use is the treasurer’s bond ? 

9. What is the collector’s duplicate list? 

10. What is a writ ? 

11. What is the plot of a survey ? 

12. What is a will ? an administrator ? 

13. What is an examining trial ? 

14. Do you think the county judge or probate judge should 
act as superintendent of schools ? Why ? 

QUESTION FOR DEBATE. 

Eeaolved, That a poll-tax is unjust. 


CHAPTER VI. 


MUNICIPAL CORPORATIONS. 

Villages, Boroughs, and Cities. —The county 
usually has within its limits villages or cities, organ¬ 
ized under separate and distinct governments. When 
the people become so thickly settled that the town¬ 
ship and county government do not meet their local 
public wants, the community is incorporated as a 
village. Villages are often called towns, and incor¬ 
porated as such, especially in the Southern States; 
but the word taken in this sense must not be con¬ 
founded with the same word, denoting a political 
division of the county in New England, New York, 
and Wisconsin. 

THE VILLAGE, BOROUGH. 

Incorporation.: —In most States, villages, bor¬ 
oughs, and towns are incorporated under general 
laws made by the State legislature. A majority of 
the legal voters living within the proposed limits 
must first vote in favor of the proposition to incor¬ 
porate. In some States, villages are incorporated by 
special act of the legislature. 

Government Purposes. —The purposes of the 
village or borough government are few in number, 
and lie within a narrow limit. It is a corporate body, 
having the usual corporate powers. Under the vil¬ 
lage organization, local public works, such as streets, 
(56) 


THE VILLAGE, OR BOROUGH 


57 


sidewalks, and bridges, are maintained more readily 
and in better condition than under the government 
of the township and county. The presence of the 
village officers tends to preserve the peace and make 
crime less frequent. 

Officers. —The usual officers of the village or bor¬ 
ough are the trustees or councilmen, whose duties 
are mostly legislative; the marshal, and sometimes 
a president or mayor; a collector and a treasurer, 
whose duties are executive; and the recorder, or 
police judge, or justices of the peace, whose duties 
are judicial. The officers are usually elected by the 
legal voters, and serve for a term of one or two years. 
In many villages the president and the collector are 
elected by the trustees, the former from among their 
own number. 

Duties. —The trustees or council pass laws, called 
ordinances, relating to streets, fast driving, lamps, 
water-works, the police system, public parks, public 
health, and the public buildings. They appoint 
minor officers, such as clerk, regular and special 
policemen, keeper of the cemetery, and fire-wardens; 
prescribe the duties, and fix the compensation of 
these officers. 

The president or mayor is the chief executive 
officer, and is charged with seeing that the laws are 
enforced. In villages having no president or mayor, 
this duty devolves upon the trustees^ The marshal 
is a ministerial officer, with the same duties and 
often the same jurisdiction as the constable, and is 
sometimes known by that name. He preserves the 
peace, makes arrests, serves processes, and waits 


58 


MUNICIPAL CORPORA TIONS. 


upon the recorder’s court. The collector collects 
the village taxes. The treasurer receives all village 
funds, and pays out money upon the order of the 
trustees. 

The recorder or police judge tries minor offences, 
such as breach of the peace, and holds examining 
trials of higher crimes. His jurisdiction is usually 
equal to that of justices of the peace in the same 
State. In some States the village has two justices 
of the peace instead of the recorder, these being also 
officers of the county. 

THE CITY. 

When the village, borough, or town becomes so 
large that its government does not meet the people’s 
local public needs, it is incorporated as a city. Where 
the country is sparsely settled the peace is seldom 
broken, private interests do not conflict, the people’s 
public needs are small, and therefore the functions 
of government are few and light. As the popu¬ 
lation grows dense, the public peace is oftener dis¬ 
turbed, crime increases, disputes about property 
arise, the public needs become numerous and im¬ 
portant, and the officers of the law must interfere to 
preserve order and protect the people. The fewer 
the people to the square mile, the fewer and lighter 
are the functions of government; the more people to 
the square mile, the more and stronger must be the 
functions of government. 

Incorporation.—Cities and villages or boroughs 
differ principally in size and in the scope of their 
corporate authority. A city is larger in area and 



THE CITY, 


59 


population, and the powers and privileges of its gov¬ 
ernment are more extensive. In some States cities 
may be incorporated under general laws, but they 
are usually incorporated by special acts of the State 
legislature. The act or deed of incorporation is 
called the city charter. The charter names the city, 
fixes its limits, erects it as a distinct political cor¬ 
poration, sets forth its powers and privileges, names 
its officers, prescribes their duties, and authorizes the 
city to act as an independent government. The 
legislature may amend the charter at any time, and 
the acts and laws of the city must not conflict with 
the constitution of the State or of the United States. 

Wards.—The city is usually divided into wards 
for convenience in executing the laws, and especially 
in electing representatives in the city government. 
Wards vary greatly in area and population, and their 
number depends in a measure upon the size of the 
city. Each usually elects a member of the board of 
education, and one or more members of each branch 
of the city council. Each ward is subdivided into 
precincts for convenience in establishing polling- 
places. 

City Institutions.—Cities maintain a number of 
institutions, peculiar to themselves, for the public 
welfare. The frequency of destructive fires causes 
the formation of a fire department. A police force 
must be organized to protect life and property. A 
system of sewerage is necessary to the public health. 
There must be gas-works or electric-light works, that 
the streets may be lighted, and water-works to sup¬ 
ply water for public and private use. In many cities 


6 o 


MUNICIPAL CORPORATIONS. 


gas-works and water-works are operated by private 
parties or by private corporations. 

Finances.—Each city has an independent financial 
system, which requires skillful management. The 
city borrows money, issuing interest-bearing bonds in 
payment, and engages in extensive public improve¬ 
ments. The large outlays for paving the streets, 
constructing water-works, laying out parks, erecting 
public buildings, and for maintaining police systems 
and fire departments, cause cities to incur debts often 
amounting to many millions of dollars. As the result 
of the greater expense of its government, and as its 
people also pay State and county taxes, the rate of 
taxation in a city is far greater than in rural districts 
and villages. 

Citizens: Rights and Duties.—The qualifications, 
the rights, and the duties of citizens of the city are 
the same as those of citizens of the township and the 
county. The qualifications of voters are also usually 
the same. The duties of voters are the same in all 
elections, whether in the school district, the civil 
district, the city, the county, the State, or the United 
States; namely, to vote for the best men and the 
best measures. Under whatever division of govern¬ 
ment the people are living, they always have the 
same interest in the maintenance of order, in the 
enforcement of the laws, in the triumph of right 
principles, and in the election of good men to office. 

Government.—A city often has a more complex 
government than that of the State in which the city 
is situated. The massing of so many people, repre¬ 
senting so many interests, requires a government 



THE CITY. 


6l 


with strong legislative, executive, and judicial func¬ 
tions. One of the great questions of our time is how 
to secure economy and efficiency in city government; 
and, as our cities are growing with great rapidity, the 
problem is daily becoming more difficult to solve. 

Officers. —The legislative power is vested in the 
city council, usually composed of the board of aider- 
men and of the common council. The executive 
authority is vested in the mayor, the city attorney 
or solicitor, the city clerk, the assessor, the collector, 
the treasurer, the city engineer or surveyor, the board 
of public works, the street commissioner, the school 
board or board of education, and the superintendent 
of schools. The judicial power is vested in the city 
court, police court, or recorder’s court, as it is 
variously termed; in a number of justices’courts; 
and in the higher courts, which are also courts of the 
county in which the city is located. The officers of 
the city are usually elected by the legal voters, but 
in some cities the collector, the city engineer, the 
street commissioner, and a number of subordinate 
officers are appointed by the mayor or city council. 
The superintendent of schools is elected by the 
school board. 

Duties. —In many small cities, and in several of 
the larger, such as New York, Chicago, Brooklyn, 
and San Francisco, the council consists only of the 
board of aldermen. When the council is composed 
of two branches, a law can not be made by one of 
them alone; it must be passed by both; and if 
vetoed by the mayor, it must be passed again, and 
m most cities by a two thirds vote, or it is void. The 


62 


MUNICIPAL CORPORA TIONS. 


council makes laws, or ordinances, regulating the 
police force; fixing the rate of city taxation ; order¬ 
ing the issue of bonds and the construction of public 
works; and making appropriations for public purposes. 

The mayor is the chief executive of the city. It is 
his duty to see that the laws are enforced. He ap¬ 
points a number of subordinate officers, and in most 
cities may veto the acts of the city council. The 
duties of the city attorney, the city clerk, the asses¬ 
sor, the collector, the treasurer, the school board, and 
the superintendent of schools are similar to those 
of township and county officers of the same name. 
The city engineer has charge of the construction of 
sewers and the improvement of parks. The street 
commissioner attends to the construction and repair 
of the streets, crossings, and sidewalks. There are 
a number of officers appointed by the mayor or the 
council, such as chief of police, chief of the fire 
department, and the city physician, who have duties 
connected with their special departments. 

The city judge, police judge, or recorder, has duties 
similar to those of the same officer in an incorporated 
village. Cities also have higher courts, variously 
named, whose judges have duties and jurisdiction 
equivalent to those of county officers of the same 
grade. Because offenses against the law are more 
frequent, officers are more numerous in cities than 
in the rural districts. 

SUGGESTIVE QUESTIONS. 

1. What \s meant by incorporating a village ? 

2. What is a breach of the peace ? 



QUESTION FOR DEBATE, 


63 


3. What are polling-places ? 

4. To what State officer does the mayor of a city or town 
correspond ? 

5. Why are offenses against the laws more frequent in the 
cities than in the rural districts ? 

6. What is the largest city of this State ? Is its council com¬ 
posed of one body or of two ? 

QUESTION FOR DEBATE. 

Resolved, That the legislative department of a city govern-' 
ment should consist of only one deliberative body. 


CHAPTER VII. 


THE STATE. 

Introductory. —After the county, the government 
nearest us is that of the State. The political divis¬ 
ions which we have considered are subject to the 
State, holding their powers as grants from its gov¬ 
ernment. The State can make and unmake them, 
and we owe them obedience because the State has 
commanded it. As we sometimes express it, the 
sovereignty or supreme sway of these local divisions 
resides in the State. 

Definition. —A State is a community of free citi¬ 
zens living within a territory with fixed limits, gov¬ 
erned by laws based upon a constitution of their 
own adoption, and possessing all governmental pow¬ 
ers not granted to the United States. Each State is 
a republic and maintains a republican form of gov¬ 
ernment, which is guaranteed by the United States. 
The State is supreme within its own sphere, but its 
authority must not conflict with that of the national 
government. A State is sometimes called a com¬ 
monwealth because it binds the whole people to¬ 
gether for their common weal or common good. 

Formation of Original States. —The thirteen 
original colonies were principally settled by people 
from Europe. The colonial rights were set forth and 
boundaries fixed by charters granted by the crown of 
England. In the Declaration of Independence these 
(64) 


THE STATE, 


65 


colonies declared themselves '‘free and independent 
States.** After the treaty of peace which acknowl¬ 
edged their independence, they framed and adopted 
the national constitution, and thereby became the 
United States of America. 

Admission of New States. —New States are ad¬ 
mitted into the Union by special acts of the Congress 
of the United States. An organized Territory hav¬ 
ing the necessary population sends a memorial to 
Congress asking to be admitted as a State. Con¬ 
gress then passes a law called an “ enabling act,” 
authorizing the people of the Territory to form a 
State constitution. When the people have framed 
and adopted a State constitution not in conflict with 
the Constitution of the United States, Congress 
passes another act admitting the new State into the 
Union “ upon an equal footing with the original 
States in all respects whatever.” Sometimes the 
enabling act provides for admission on proclamation 
of the President of the United States. Several of 
the Territories adopted State constitutions and were 
admitted as States without enabling acts. 

Purposes.—The State keeps power near the peo¬ 
ple, and thus makes them more secure in their liberty. 
“The powers not granted to the United States, nor 
prohibited to the States, are reserved to the States 
respectively or to the people.” If the whole country 
were a single republic without State divisions, power 
would be withdrawn from the people and become 
centralized in the national government. 

Our political system leaves the various functions 
of government to the smallest political communities 

Pet. C. Go.— s 


66 


THE STATE. 


that can perform them efficiently. The county has 
charge of all public interests that can be managed by 
it as well as by the State. Many public affairs, such 
as popular education,* private corporations, and the 
organization of the smaller political divisions, can be 
better managed by the State than by the National 
Government, and arQ therefore properly left to the 
State’s direction. 

Parts of the country widely separated differ in 
climate and soil, giving rise to different industries 
and occupations, which require different laws, made 
and administered by different States. The State 
serves as a convenient basis for the apportionment 
of members of both houses of Congress, and State 
institutions preserve and develop the local individu¬ 
ality and self-reliance of the people. 

Functions. —The functions of the State are very 
extensive, including the greater part of those acts 
of government which preserve society by affording 
security to life, liberty, property, and the pursuit of 
happiness. 

The State government touches the citizens at most 
points; that is, all those laws that concern the body 
of the people in their ordinary daily life are made 
and enforced by the State, or by the smaller political 
divisions of the State, acting under the State’s direc- 


* Popular education must command the sympathy and respect of 
the people in each locality in order to remain “ popular.” While the 
State, therefore, enforces a general system of public schools, it leaves 
all the details of local management with the people most closely 
related to the particular school. The people esteem that which they 
create and control. 



CITIZENS, 


67 


tions. Officers discharge their duties, arrests are 
made, courts are held, offenders are punished, justice 
is meted out, and taxes are collected, by the authority 
of the State. 

The National Government has similar functions to 
perform in every part of the country, but they are 
far less frequent than those of the State. 

Institutions. —The State maintains a number of 
charitable and other institutions for the public wel¬ 
fare. It makes appropriations of land or money for 
the support of asylums, prisons, reformatories, scien¬ 
tific institutions, schools, colleges, and universities. 
The support of these institutions, the payment of 
salaries, the administration of justice, and the con¬ 
duct of other public interests, involve large annual 
expenditures, often amounting to several millions of 
dollars. 

CITIZENS. 

The citizens of a State are the people who live in 
it, whether natives of the United States, or foreigners 
who have been adopted. Persons who are citizens 
of the United States are thereby citizens of the State 
in which they reside. They have all the rights that 
freemen can possess, and enjoy a larger freedom than 
do the people of any other country. 

The legal voters, often called electors, are the male 
citizens who have resided in the State, the county, 
and the township, or voting precinct, the time re¬ 
quired by law to entitle them to vote. The length 
of residence required in the State varies, being three 
months in some, six months in others, and one year 


68 


THE ST A TE, 


in most States. Several States permit citizens of 
foreign countries to vote, and a few permit women 
to vote in municipal elections. 

Rights.—Every citizen has the right to be secure 
in his person ; to be free from attack and annoyance; 
to go when and where he may choose; to keep, 
enjoy, and dispose of his property; and to provide 
in his own way for the welfare of himself and of 
those dependent upon him. 

The rights of the people are set forth at length 
and with great precision in a portion of the State 
constitution called the Bill of Rights. These rights 
must be exercised under the restrictions of the law, 
and with due regard for the same rights held by others. 

The legal voters have the right to vote in all local. 
State, and national elections. They are voters in 
national elections by virtue of being voters in State 
elections. The right to vote implies the right to be 
voted for, and the right to hold office; but for many 
officers the State requires a longer residence and 
other qualifications than those prescribed for voters. 

Duties.—For every right, the people have a cor¬ 
responding duty; and for every privilege they enjoy, 
there is a trust for them to discharge. The large 
personal freedom possessed by the American citizens 
imposes equally as large public responsibilities. It 
is the duty of every citizen to obey the law, to aid 
in securing justice, to respect authority, to love his 
country, and to labor for the public good. No one 
can be a useful member of society unless he respects 
the laws and institutions of the land. The people 
themselves have established this government, both 


CONSTITUTION, 

State and national; it exists for them, and therefore 
they owe it honor and obedience. 

It is the duty of every voter to study the interests 
of the country, and to vote for men and measures 
that, in his opinion, will best “ promote the general 
welfare.” In this country, government is intrusted 
to the whole people, and they can govern only by 
expressing their will in elections. Therefore the 
majority must rule. The majority will sometimes 
make mistakes, but these will be corrected after a time. 

In order that good government may ensue, good 
men must take part in elections. The privilege of 
suffrage is conferred upon an implied contract that 
it will be used for the public good. He who fails to 
vote when he can, fails to perform his part of the 
contract, fails to fulfill his promise, and fails to re¬ 
spect the government that protects him. 

CONSTITUTION. 

The constitution is often called the supreme law 
of the State. In other words, it is the supreme act 
of the people, for the purpose of organizing them¬ 
selves as a body politic, of formulating their govern¬ 
ment, and of fixing the limits of its power. It is 
a contract between the whole society as a political 
body, and each of its members. Each binds himself 
to the whole body, and the whole body binds itself 
to each, in order that all may be governed by the 
same laws for the common good. The constitution 
of each State is a written instrument, modeled after 
the Constitution of the United States, with which it 
must not conflict. 


70 


THE STATE. 


The constitutions of England and most other 
countries of Europe are unwritten. They consist of 
the common usages and maxims that have become 
fixed by long experience. In those countries, when a 
new political custom grows into common practice it 
thereby becomes a part of the national constitution. 

Formation and Adoption. —As the whole people 
can not assemble in one place to frame and adopt a 
constitution, they elect delegates to a constitutional 
convention. The convention usually meets at the 
capital, deliberates, frames articles for a proposed 
constitution, and in nearly all cases submits them to 
the people. The people make known their will in 
a general election, and if a majority vote in favor 
of adopting the proposed constitution, it becomes 
the constitution of the State. If the proposed con¬ 
stitution is rejected, another convention must be 
called to propose other articles to be voted upon by 
the people. 

Purposes. —The purposes of the constitution are 
to guard the rights of the people, to protect the liber¬ 
ties of the minority, to grant authority to the gov¬ 
ernment, to separate the functions of the three depart¬ 
ments, to prescribe the limits of each, and to fix in 
the public policy those maxims of political wisdom 
that have been sanctioned by time. 

The special tendency in recent amendments of 
State constitutions has been to limit the power of the 
legislature. Constitutions, like other political institu¬ 
tions, are largely matters of growth, and from time to 
time must be revised to meet the changing wants of 
society. For this purpose the constitution of almost 


CONSTITUTION, 


71 


every State contains a provision, called the open clause, 
which authorizes the legislature, under certain re¬ 
strictions, to propose amendments to the constitution 
to be adopted or rejected by a vote of the people. 

Value. —The people of any State may, at their 
pleasure, frame and adopt a new constitution, which 
must be in harmony with the Constitution of the 
United States. The right to make their own consti¬ 
tution is one of the highest and most important rights 
that freemen can possess. It is in this and in the 
right of suffrage that their freedom principally con¬ 
sists. 

The constitution protects the people by prescribing 
the limits of official authority. The legislature can 
not legally pass a law which the constitution of the 
State forbids, and when such a law is passed it is 
declared unconstitutional by the State courts. A 
provision of a State constitution becomes void when 
declared by the supreme court of the United States 
to be in conflict with the national Constitution. 

Contents. —The constitutions of the several States 
are based upon the Constitution of the United States 
as a model, and are therefore much alike in their gen¬ 
eral provisions. Each contains : 

A preamble setting forth the purposes of the con¬ 
stitution ; 

A lengthy declaration called the bill of rights. 

Provisions for distributing the powers of govern¬ 
ment into three departments ; and 

Articles relating to suffrage, debt, taxation, corpo¬ 
rations, public schools, militia, amendments, and 
other public affairs; 


72 


THE STATE. 


BILL OF RIGHTS. 

The bill of rights usually declares various rights of 
the citizen which may be classified under the heads 
of republican principles, personal security, private 
property, freedom of conscience, freedom of speech 
and of the press, freedom of assembly, and freedom 
from military tyranny. 

Republican Principles. —Under this head the bill 
declares: 

That all power is inherent in the people; 

That governments exist for their good, and by 
their consent ; 

That all freemen are equal; 

That no title or nobility shall be conferred; 

That exclusive privileges shall not be granted 
except in consideration of public services ; 

That all elections shall be free and equal. 

Personal Security. —In the interests of the per¬ 
sonal security of the citizen it is provided : 

That the people shall be secure in their persons, 
houses, papers, and possessions, from unreason¬ 
able seizures and searches ; 

That warrants to seize and to search persons and 
things must describe them by oath or affirma¬ 
tion ; 

That there shall be no imprisonment for debt, 
except in cases of fraud. 

Private Property. —To secure the rights of pri¬ 
vate property, the bill declares: 

That private property shall not be taken for public 
use without just compensation; 


BILL OF RIGHTS, 


73 

And, in some States, that long leases of agricultural 
lands shall not be made. 

Freedom of Conscience. —To induce the en¬ 
tire freedom of conscience of the citizen it is de¬ 
clared : 

That there shall be perfect religious freedom, but 
not covering immoral practices ; 

That there shall be no State church; 

That no religious test shall be required for perform¬ 
ing any public function ; 

That the rights of conscience are free from human 
control. 

Freedom of Speech and of the Press. —To main¬ 
tain the rightful freedom of the press, the bill guar¬ 
antees : 

That printing-presses may be used by all; 

That every citizen may freely speak, write, and print 
upon any subject—being responsible for the 
abuse of the right. 

Freedom of Assembly. —The right of assembly 
is secured by the provision : 

That the people may peaceably assemble for the 
public good, to discuss questions of public 
interest; and 

That they may petition the government for redress 
of grievances. 

Freedom from Military Tyranny. — To guard 
against abuses by the military, it is declared : 

That the military shall be in strict subordination 
to the civil power; 

That no standing army shall be maintained in time 
of peace; 


74 


THE STATE. 


That in time of peace no soldier shall be quartered 
in any house without the owner’s consent; 

That the right of people to bear arms shall not be 
questioned. This does not authorize the carry¬ 
ing of concealed weapons. 

Forbidden Laws. —To insure the people against 
improper legislation, the bill of rights provides : 

That no ex post facto law or law impairing the 
validity of contracts, shall be made ; 

That no bill of attainder shall be passed ; 

That no power of suspending laws shall be exer¬ 
cised except by the legislature. 

Rights of the Accused. —Among the worst abuses 
of tyranny in all ages have been the corruption of the 
courts and the denial of the rights of common justice. 
To guard against these it is expressly provided: 

That the writ of habeas corpus shall not be sus¬ 
pended except when, in cases of rebellion or 
invasion, the public safety may require it; 

That, except in capital cases, persons charged with 
crime may give bail; 

That no excessive bail shall be required; 

That all courts shall be open ; 

That the accused shall have a speedy trial in the 
district in which the offense was committed; 

That the ancient mode of trial by jury shall be 
maintained ; but civil suits, by consent of the 
parties, may be tried without a jury; 

That all persons injured in lands, goods, person, or 
reputation shall have remedy by course of law; 

That the accused shall be informed of the nature 
of the charges against him ; 





BILL OF RIGHTS. 


75 

That he shall be confronted by the witnesses 
against him ; 

That he shall be heard in his own defense, and 
may have the benefit of counsel; 

That he shall not be required to testify against him¬ 
self; 

That he shall not be deprived of life, liberty, or 
property except by due process of law ; 

That no cruel or unusual punishment shall be in¬ 
flicted ; 

That no one shall be twice placed in jeopardy for 
the same offense. 

No citizen of the United States would deny the 
justice of these declarations. They are so reasona¬ 
ble it seems strange that they should ever have been 
questioned. ‘‘ But in enumerating them we are 
treading on sacred ground. Their establishment cost 
our ancestors hundreds of years of struggle against 
arbitrary power, in which they gave their blood and 
treasure.”* 

It was to secure and maintain a part of these rights 
that the American colonies went to war with Great 
Britain, and made good their Declaration of Inde¬ 
pendence by an appeal to arms. 

Most of these rights are preserved in the Constitu¬ 
tion of the United States, to prevent encroachments 
upon the liberties of the people by the General Gov¬ 
ernment. They are repeated in the State constitu¬ 
tion in order that they may not be invaded by the 
State Government. There is also a provision in the 


* McCleary’s Studies in Civics* 



76 


THE STATE, 


constitution of the State which declares that “ the 
enumeration of certain rights shall not be con¬ 
strued to deny or disparage others retained by the 
people.” 

SUGGESTIVE QUESTIONS. 

1. Why are the smaller political communities subject to the 
State ? 

2. Give the names of the thirteen original States. 

3. What is meant by States having different industries and 
occupations ? 

4. How do State institutions develop the self-reliance of the 
people ? 

5. Name some acts of government which you have seen the 
State perform. 

6. What are charitable institutions ? 

7. How is justice administered ? 

8. Wherein are the people of this country freer than other 
people ? 

9. How long must a person live in this State to entitle him 
to vote ? 

10. What is meant by being secure in person ? 

11. Read the bill of rights in the constitution of your State. 

12. What is a body politic ? 

13. Why can not the whole people assemble to form a Stat*e 
constitution ? 

14. What is meant by taking private property for public 
use ? 

15. How may the right to speak and print be abused ? 

16. What is meant by the military being subordinate to the 
civil power ? 

17. Are all cases tried by jury ? 

QUESTION FOR DEBATE. 

Resolved, That there should be an educational qualification 
for suffrage. 




CHAPTER VIII. 


THE STATE— {^Continued'). 

Government Departments. —The State govern¬ 
ment is based upon the State constitution. It has a 
legislative department charged with the making of 
the laws, an executive department to enforce the 
laws, and a judicial department to explain and apply 
the laws. Each of the departments is independent 
of the others, being supreme within its own sphere. 

The American people believe that the functions 
of making, of enforcing, and of explaining the laws, 
should forever be separate and distinct. Experience 
has shown that it is dangerous to the liberties of the 
people to permit either of the three departments of 
government to trespass upon the functions of the 
others. Therefore, the limits of each department 
are well defined, and its power closely guarded, by 
the constitution and laws of the State. 

LEGISLATIVE DEPARTMENT. 

The legislative or law-making power of the State is 
vested in the legislature, sometimes called the gen¬ 
eral assembly, and in some States known as the gen¬ 
eral court, or legislative assembly. The legislature 
is composed of two bodies, or houses, called respect¬ 
ively the Senate and the House of Representatives. 
In New York the latter body is known as the Assem¬ 
bly, in New Jersey it is called the General Assembly 

( 77 ) 


78 


THE STATE, 


and in some States the House of Delegates. A 
bill must be passed by both branches of the legis¬ 
lature in order to become a law. The proceedings of 
the legislature should be made public, and therefore 
the sessions are open, and the constitution requires 
each house to keep and publish a daily record, called 
the Journal. 

Qualifications. —The State constitution prescribes 
the age, the length of residence, and other legal quali¬ 
fications for membership in each branch of the legis¬ 
lature. The constitutions of most States fix a longer 
term of office and require a more mature age for sena¬ 
tors than for representatives. In addition to these 
legal qualifications a legislator should be a man of 
unswerving honesty, of broad information, of close 
thought, well versed in the principles of government, 
acquainted with the needs of the country, and faith¬ 
ful to the interests of the whole people. 

Privileges. —Each branch of the legislature con¬ 
sists of members elected by the people. Senators 
and representatives are responsible for their official 
acts to the people, and to the people alone. Except 
for treason, felony, and breach of the peace, members 
of the legislature are privileged from arrest while 
attending the sessions of their respective houses, and 
while going thereto and returning therefrom. For 
any speech or debate in either house, a member 
thereof can not be questioned in any other place. 

Each house adopts rules for its own government. 
Each house also elects its own officers, except that 
in most States the people elect a lieutenant-governor, 
who is also president of the Senate. These various 


LEG/SLA TIVE DEPAR TMENT. 


79 


privileges are granted in the State constitution in 
order that the actions of the legislature may be free 
from all outside influences. 

Power. —The constitution of the State defines the 
limits of the power vested in the legislative depart¬ 
ment. The legislature may enact any law not for¬ 
bidden by the Constitution of the State or of the 
United States. Every act passed is binding upon 
the people unless it is declared by the courts to be 
unconstitutional. An act of the legislature, when 
declared to be unconstitutional, thereby becomes 
void; that is, it ceases to have any legal force. 

Sessions. —The legislature meets at the State 
Capitol. In a few States the legislature holds annual 
sessions, but in far the greater number it meets bien¬ 
nially ; that is, once every two years. In many 
States the constitution limits the session to a certain 
number of days, but in a few of these States the 
legislature may extend its session by a special vote 
of two-thirds of each house. A majority constitutes 
a quorum for business, but a smaller number may 
meet and adjourn from day to day in order that the 
organization may not be lost. 

Functions. —The legislature enacts laws upon a 
great variety of subjects. It fixes the rate of State 
taxation, it provides for the collection and distribu¬ 
tion of State revenue, creates offices and fixes salaries, 
provides for a system of popular education, and makes 
laws relating to public works, the ad^ministration of 
justice, the conduct of elections, the management 
of railways and other corporations, the maintenance 
of charitable and other institutions, the construction 


8 o 


THE STATE. 


and repair of public roads, the organization of the 
militia, the conduct of prisons and reformatories, and 
a number of other public interests. 

Forbidden Powers. —The Constitution of the 
United States forbids any State to exercise certain 
powers: 

(i) No State can enter into any treaty, alliance, 
confederation, contract, or agreement with any 
other State, or with a foreign power; issue com¬ 
missions to vessels authorizing them to capture 
and destroy the merchant ships of other nations 
coin money ; issue paper money ; make any thing 
but gold and silver coin a legal tender for the 
payment of debts; pass any bill inflicting the 
penalty of death without a regular trial, or any 
law fixing a penalty for acts done before its 
adoption, or any law affecting the provisions of 
contracts made before its passage ; or grant any 
title of nobility. 

(^3 No State can, without the consent of Congress, 
lay a tax or duty on imports or exports, except 
what is necessary in executing its inspection 
laws. The net proceeds of all duties laid by any 
State for this purpose must be paid into the 
treasury of the United States ; and all such laws 
are subject to the revision and control of Con¬ 
gress. Without the consent of Congress, no 
State can tax ships, keep troops or ships of war 
in time of peace, or engage in war unless 
invaded or in imminent danger. 

(3) “No State shall make or enforce any law which 
shall abridge the privileges or immunities of citi- 



LEGISLATIVE DEPAETMEETT, 


8 l 


zens of the United States; nor shall any State 
deprive any person of life, liberty, or property 
without due process of law, nor deny to any 
person within its jurisdiction the equal protec¬ 
tion of the laws.” 

(4) “No State shall assume or pay any debt or 
obligation incurred in aid of insurrection or 
rebellion against the United States, or any 
claim for loss or emancipation of any slave.” 

The Senate. —The Senate is a less numerous body 
than the House of Representatives. The presiding 
officer is addressed as “ Mr. President ” or “ Mr. 
Speaker,” the title varying in different States. There 
is also a chief clerk, with assistants, who keeps the 
records; a sergeant-at-arms, who preserves order on 
the floor ; a doorkeeper, who has charge of the senate 
chamber and its entrances, and a number of subor¬ 
dinate officers. 

The Senate has two functions not belonging to the 
House of Representatives: i. When the governor 
nominates persons for appointment as officers of the 
State, unless the Senate advises and consents to the 
nominations, the appointments are void ; 2. When 
the House of Representatives presents articles of 
impeachment against an officer of the State, the 
Senate sits as a court to try the charges. 

House of Representatives. —The House of Rep¬ 
resentatives is often called the popular branch of 
the legislature. It is sometimes designated as the 
“ House.” The title of the presiding officer is “ Mr. 
Speaker.” The other officers usually have the same 
titles and duties as those of the Senate. 

Pet. C. Go.—6 


82 


THE STATE. 


In most States bills raising revenue, and in some 
States bills making appropriations, must originate 
in the House of Representatives. This body also 
has the sole power of impeachment. Usually when 
charges affecting the official conduct of an officer 
of the State are brought before the legislature, the 
House of Representatives appoints a committee to 
investigate the charges and report. If the report 
warrants further action, the House adopts charges 
of official misconduct, or of high crimes and mis¬ 
demeanors in office. This proceeding is called an 
impeachment. 

The Senate sits as a court of impeachment, hears 
the evidence, listens to the argument by the man¬ 
agers and the counsel for the accused, and then con- 
demns or acquits. The judgment in cases of im¬ 
peachment is removal from office and disqualification 
to hold any office of honor, trust, or profit under the 
State. 


SUGGESTIVE QUESTIONS. 

1. Why is the State legislature composed of two houses ? 

2. Why should the proceedings of the legislature be 
public ? 

3. Why should senators and representatives be free from 
arrest while discharging their public duties ? 

4. How often does the legislature of this State meet ? 

5. What is the limit of its session ? 

6. Can its session be extended ? 

7. What is a reformatory ? 

8. What are the age and number of years of residence 
required of a State senator in this State ? Who is the senator 
from this district ? 

9. What is a bill for raising revenue ? 





QUESTION FOR DEBATE. 


83 


10. What are the age and number of years of residence 
required of a representative in this State ? Who is the repre* 
sentative from this district ? 

QUESTION FOR DEBATE. 

Resolved, That a State legislature should not have more 
than forty senators and one hundred representatives. 


CHAPTER IX. 


THE STATE— {Continued'). 

When the laws are enacted it becomes necessary 
that some one be charged with seeing that they are 
duly executed and obeyed. The people’s representa¬ 
tives in the legislative department make the laws. 
The people’s servants in the executive department 
execute the laws. 

EXECUTIVE DEPARTMENT. 

The chief'executive officers of the State are the 
governor, the lieutenant-governor, the secretary of 
state, the auditor or comptroller, the treasurer, the 
attorney-general, and the superintendent of public 
instruction, who, in most States, are elected by the 
people. Besides these, an adjutant-general, a com¬ 
missioner of agriculture, a commissioner of insurance, 
railway commissioners, a register of the land office 
or land commissioner, and in some States other sub¬ 
ordinate officers, are usually appointed by the gov¬ 
ernor, and confirmed by the Senate. 

The higher State offices are provided for in the 
constitution, while the subordinate offices are created 
by act of the legislature. Several States have no 
lieutenant-governor; in some the secretary of state 
and the superintendent of public instruction are ap¬ 
pointed by the governor, and in others some of the 
subordinate officers are elected by the people. The 
(84) 



EXECUTIVE DEPARTMENT, 


85 

titles of many of these officers vary in different 
States. 

The terms of the State officers elected by the peo¬ 
ple are usually alike in the same State, but in some 
States the terms of the auditor and the treasurer are 
less, and in others more, than those of the other 
officers. 

Governor: Term, Qualifications. —The supreme 
executive authority is vested in the governor, who 
is therefore sometimes called the chief executive of 
the State. His position is one of great dignity and 
influence. 

The term of office is one, two, three, or four years, 
varying in different States, and in some the consti¬ 
tution prohibits any person from serving two terms 
in succession. 

The legal qualifications of the office of governor 
vary in different States. He must be a citizen of 
the United States; must have resided in the State at 
least a fixed term of years ; must not be under a cer¬ 
tain age, usually thirty or thirty-five years ; and in 
some States must own property of a given value. 

Powers, Duties. —The governor is commander-in¬ 
chief of the military forces of the State, and repre¬ 
sents it in its dealings with other States. He may 
call on all other executive officers for written infor¬ 
mation concerning their respective duties. He is 
presumed to be well informed upon the affairs of the 
people, and is therefore required to give the legisla¬ 
ture information as to the condition of the State, 
and to recommend the passage of such laws as he 
deems proper and expedient. 


86 


THE STATE. 


The governor may call special meetings of the 
legislature to consider questions of great and imme¬ 
diate public concern. At the opening of each session 
he addresses a regular message to the legislature, and 
from time to time submits special messages upon 
various subjects. 

All acts of the legislature are presented for his 
approval and signature. If he approves and signs 
them, they become laws ; if he retains them for ten 
days without signing them, they become laws with¬ 
out his signature; if he refuses to approve them, he 
returns them within the ten days to the house in 
which they originated, with a statement of his objec¬ 
tions. 

This action is called a veto., and the vetoed measure, 
in order to become a law, must pass both houses 
again, and in some States must secure a two thirds 
vote of each house. 

The governor may grant reprieves and pardons, 
except in cases of impeachment, and in some States, 
of treason. In some States this power is limited by a 
board of pardons, which must recommend a pardon 
before it can be granted by the governor; and in 
others the consent of one branch of the legislature 
must be obtained. 

Treason against the States consists in an open or 
overt act of “ levying war against it, or in adhering to 
its enemies, giving them aid and comfort.” 

To reprieve is to delay or postpone for a time the 
execution of the sentence of death upon a criminal. 

To pardon is to annul a sentence by forgiving the 
offense against the law, and by releasing the offender. 





EXECUTIVE DEPARTMENT. 


87 

The governor may also commute the sentence of 
an offender by exchanging the penalty for one less 
severe. 

Lieutenant-Governor. —The term and qualifica* 
tions of the lieutenant-governor are the same as those 
of the governor. The lieutenant-governor is also 
president or speaker of the Senate, but votes only in 
case of a tie. In States having no lieutenant-gov¬ 
ernor, the Senate elects its presiding officer. 

In case of the death or resignation of the governor, 
the lieutenant-governor becomes governor of the 
State. In States having no lieutenant-governor, 
special laws provide for filling vacancies in the office 
of governor. 

When the chief executive is absent from the State, 
or disabled, the lieutenant-governor performs the 
duties of the office. 

Secretary of State. —The secretary of state is the 
keeper of all State papers, and usually of the great 
seal of the State. In some States he is ex officio 
auditor. He keeps a record of the proceedings and 
acts of the legislature and of the executive depart¬ 
ment of the State government. 

He certifies to the correctness of State documents 
and commissions, indexes the laws, and attends to 
their printing and distribution, except in States 
having a superintendent of printing. He receives 
and preserves the returns of elections, and in some 
States has charge of the State buildings at the 
capital. 

Auditor, or Comptroller. —The auditor is the 
financial agent of the State, and in some States acts 


88 


THE STATE. 


as register of the land office, and in others as com¬ 
missioner of insurance. He is also the State’s book¬ 
keeper, and attends to the collection of its revenue. 
He examines and adjusts claims and accounts against 
the State, and orders the payment of such as he 
approves. He receives moneys paid to the State, 
deposits them with the treasurer, and takes receipt 
therefor. No funds can be paid out of the State 
treasury except upon the auditor’s warrant. He 
makes an annual or biennial report, showing the 
financial condition of the State. In some States 
having no auditor, these various duties fall to other 
officers, chiefly to the secretary of state. 

Treasurer.—The treasurer is custodian of the 
funds of the State. He receives the State’s revenues 
from the auditor, and pays them out only upon the 
auditor’s warrant, keeping an accurate account of all 
sums paid. The treasurer and the auditor (and also 
the secretary of state when he handles State funds) 
give heavy bonds for the faithful performance of 
their duties, 

Attorney-General.—The attorney-general is a 
lawyer who acts as attorney for the State in law 
cases to which the State is a party. His duties per¬ 
tain chiefly to the higher courts of the State. He is 
the legal adviser of the State officers, and, when 
requested by them, gives opinions upon points of law. 

He prosecutes persons who are indebted to the 
State, and assists in bringing to justice those charged 
with crime. He represents the State in its legal 
business in the supreme court at Washington, and in 
the other courts of the United States. 






EXECUTIVE DEPARTMENT, 


89 


Superintendent of Public Instruction. ^ The 

superintendent of public instruction has charge of 
the public school system, and thus superintends one 
of the largest interests of the State. He has the 
general management of State teachers’ institutes, 
and in most States he has an official connection with 
the State university and the State normal schools, 
either as a member of the faculty or as president or 
secretary of the board of trustees. 

He is an officer of, and usually president of, the 
State board of education, a body generally consisting 
of from three to seven members, and in most States 
composed, in part, of other high officers of the State. 
The State board of education decides questions of 
school law, and performs other important duties 
varying in different States. 

The superintendent of public instruction makes an 
annual or biennial report to the legislature, showing 
the condition of the public schools and suggesting 
amendments to the system. In many States the 
superintendent is appointed by the governor; in 
others he is elected by the State board of education, 
and, as president or secretary of that board, is ex 
officw superintendent of public instruction. 

Other Officers. —The adjutant-general is the active 
officer of the State militia. 

The commissioner of agriculture^ sometimes called 
the secretary of the board of agriculture, looks after 
the agricultural interests of the State. 

The commissioner of insurance has the general 
oversight of the insurance companies doing business 
in the State. 


90 


THE STATE. 


The railway commissioners assess the value of 
railway property, and to a limited extent regulate 
charges on railway lines. 

The register of the land office, or land commis¬ 
sioner, keeps in his office the patents or title-deeds 
of land issued by the State in its ^arly settlement, 
and furnishes copies of land patents and warrants to 
those who desire them. In a few States this officer 
is elected by the people. 

The State librarian has charge of the State library, 
and in some States is superintendent of the State 
buildings at the capital. 

In a few States there are other executive officers, 
among whom may be named: 

A surveyor-general, who surveys the public lands, 
and keeps in his office maps of counties and town¬ 
ships ; 

A State engineer, who superintends the construc¬ 
tion and repair of canals and levees; 

A commissioner of statistics, who collects statistics 
relating to public interests ; 

A commissioner of immigration, who attends to 
the interests of immigrants ; 

A labor commissioner, who looks after the interests 
of the laboring classes ; 

A bank inspector, or superintendent of banking, 
who inspects State banks for the protection of the 
public; and 

A State examiner, who investigates the conduct 
of State institutions, and inspects the State offices, 
in order to secure honesty and efficiency in public 
affairs. 



SUGGESl'IVE QUESTIONS. 


91 


In some States two or more of these offices are 
combined, and in others their duties are performed 
by the higher officers of the State. 

SUGGESTIVE QUESTIONS. 

1. What is the term of office and what the name of the gov¬ 
ernor of this State ? 

2. What are the age and the length of residence required of 
him ? 

3. How many terms can he serve in succession ? 

4. Has this State a lieutenant-governor ? 

5. If so, name his qualifications. 

6. What is the great seal of the State ? 

7. What is the necessity of an auditor ? 

8. Why should the superintendent of public instruction make 
a report ? 

QUESTION FOR DEBATE. 

Resolved, That the governor should hold the power of veto. 


CHAPTER X. 

THE ST AT E—( Continued). 

JUDICIAL DEPARTMENT. 

Purposes. —The judicial department of the State 
government exists for the sole purpose of adminis¬ 
tering justice; that is, for the purpose of interpret¬ 
ing the laws and of applying them to particular cases. 
The legislature makes the laws, but it can not execute 
them. The governor recommends the passage of 
certain laws, and holds the veto power ; but he has no 
law-making power, nor can he try the most trivial suit. 

So the judiciary has no voice in making or in 
executing the laws, its sole function being to decide 
their meaning and to apply them in securing justice. 
The legislative and executive departments may 
assist, but it is the peculiar province of the judiciary 
to protect society and to maintain the rights of 
the people. 

Supreme Court. —The higher courts of the State 
are of two classes—those whose jurisdiction includes 
the entire State, and those whose jurisdiction is con¬ 
fined to particular districts. 

The Supreme Court, called in some States the 
Court of Appeals, is the highest court of the State. 
The number of the judges of the supreme court 
varies in the different States, there being a chief 
justice and from two to eight associate justices in 
each State. 

(92) 


JUDICIAL DEPARTMENT. 


93 


In some States the justices are elected by the 
people ; in others they are elected by the legislature ; 
and in some they are appointed by the governor, and 
confirmed by the Senate. 

The term of office is lengthy, not less than four 
years in any State, except Connecticut, where it is 
two years; six, seven, eight, nine, ten, twelve, four¬ 
teen, or fifteen years in most States; twenty-one 
years in Pennsylvania; during good behavior in 
Massachusetts; until the judged are seventy years of 
age in New Hampshire ; for life in Delaware, and 
practically the same in Rhode Island. 

The jurisdiction of the supreme court, or court of 
appeals, extends over the entire State. It holds 
sessions at the State capital, and in some States at 
other prominent places, and is chiefly engaged in the 
trial of cases in which appeals have been taken from 
the decisions of the lower courts. 

Its decision is final, but in cases in which it is 
alleged that the State law is in conflict with the con¬ 
stitution or laws of the United States, appeals may 
be taken to the United States Supreme Court at 
Washington. 

District, or Circuit Court.—The people most 
commonly resort to the district court, circuit court, 
or superior court, as it is variously called in different 
States, to secure justice. In it are tried the great 
body of important civil and criminal cases, and also 
appeals from the lower courts. 

The jurisdiction of the district court is limited to 
a district created by the State constitution or by 
act of the State legislature. In some cases the dis- 


94 


THE STATE. 


trict consists of a single county; usually it includes 
two or more counties, the court being held succes¬ 
sively in each county of the district. 

In each district there is usually one district judge, 
who is elected by the people, appointed by the gov¬ 
ernor, or elected by the legislature. 

The term of office in most States is four, six, or 
eight years. 

In some of the districts of certain States there are 
criminal courts having jurisdiction in criminal cases, 
and chancery courts or courts of common pleas 
having jurisdiction in certain civil cases. 

In some States there is a high court of chancery 
having State jurisdiction, and in others there is a 
superior court which has State jurisdiction, and 
whose rank is between the supreme court and the 
district courts. 


TERRITORIES. 

Organization. —Congress organizes the public 
domain into Territories, fixes their boundaries, and 
establishes their governments. The act of organiza¬ 
tion is passed as soon as the population is dense 
enough to require governmental authority. 

Executive Department. —The governor is ap¬ 
pointed by the President of the United States, with 
the consent of the United States Senate, and serves 
for four years, unless removed. The governor ap¬ 
points a secretary, a treasurer, an auditor or comp¬ 
troller, a superintendent of public instruction, a 
librarian, and in some cases other territorial officers. 

Legislative Department. —The legislature con- 


TERRITORIES, 


95 


sists of a governor’s council, usually of twelve mem¬ 
bers, appointed by the President, and a house of rep¬ 
resentatives of twenty-four members elected by the 
people of the Territory. The council is the upper 
house of the legislature, and is sometimes called the 
senate. Although the governor and the legislative 
assembly rule the Territory, all laws passed by them 
must be submitted to Congress, and, if disapproved, 
they become null and void. 

Judicial Department. —The judiciary consists of 
a supreme court and inferior courts. The chief jus¬ 
tice and two associate justices of the supreme court 
are appointed for four years by the President, with 
the consent of the Senate. The inferior courts are 
established by the territorial legislature. 

Representation in Congress. —Each Territory 
elects a delegate to the Congress of the United 
States. Territorial delegates serve upon committees, 
and have the right to debate, but not to vote. Their 
real duties are as agents of their respective Territories. 

Laws.—Territories are governed by the laws of 
Congress, by the common law, and by the laws passed 
by the territorial legislatures. The governor may 
pardon offenses against territorial laws, and may 
grant reprieves for offenses against the laws of Con¬ 
gress, until the cases can be acted upon by the 
President. 

Local Affairs.—The local interests of a Territory 
are similar to those of a State. Taxation, schools, 
public works, and the administration of justice are 
supported by the people. The people of the Terri¬ 
tories have no voice in the election of President, and 


96 


THE STATE, 


none In the government of the United States except 
through their delegates in Congress. 

Purposes. —The chief purposes of the territorial 
government are to give the people the protection of 
the law, and to prepare the Territory for admission 
into the Union as a State. A State is a member of 
the Union, with all the rights and privileges of self- 
government ; a Territory is under the Union, subject 
at all times, and in all things, to regulation by the 
government of the United States. 

All the States, except the original thirteen (includ¬ 
ing Maine, Vermont, and West Virginia) and California 
and Texas, have had territorial governments. A Ter¬ 
ritory is not entirely self-governing; it may be called 
a State in infancy, requiring the special care of the 
United States to prepare it for statehood and for 
admission into the Union ‘^upon an equal footing 
with the original States in all respects.” 

Arizona, New Mexico, and Oklahoma illustrate 
the territorial form of government described above. 
The following are exceptions to the rule : 

Alaska.—By an act establishing a civil government 
for Alaska, Congress created a district government, 
providing for a governor and a district court, but not 
for any legislature. The laws of Oregon are declared 
to be the law in Alaska, when not in conflict with 
those in the United States. 

Indian Territory. —This is another exception to 
the general rule of territorial government. In 1832 
it was set apart as the home of the Indian tribes. 
Each tribe is supreme on its own reservation in the 
regulation of its domestic concerns. There is there- 


SUGGESTIVE QUESTIONS. 


97 


fore no organized territorial government, as in the 
other Territories, but the tribes who settle here are 
looked upon as the wards of the American govern¬ 
ment. 

The District of Columbia is neither a State nor 
a Territory. It resembles a Territory in being 
directly governed by Congress in such manner as 
that body may choose, but it differs from a Terri¬ 
tory since it can never become a State. 

It is not represented in the government of the 
United States, and its inhabitants have no voice in 
local matters. Its affairs are administered by three 
commissioners, appointed by the President, with the 
consent of the Senate, and they are subject to the 
laws of Congress. 

SUGGESTIVE QUESTIONS. 

1. Is it better that judges be elected, or that they be ap¬ 
pointed ? Why ? 

2. Why should a judge’s term of office be lengthy ? 

3. Who is chief justice of this State ? 

4. Who is the judge of the circuit or district court of this 
district ? 

5. At what dates does this court hold sessions in this county 

6. How many organized Territories now in the United States ? 
Give their names. 

7. When did this State cease to be a Territory ? 

8. Why should delegates from the Territories not have the 
privilege of voting in Congress ? 

QUESTION FOR DEBATE. 

Resolved, That the judges of the higher courts should be 
appointed by the governor, and hold their positions during life 
and good behavior. 

Pet. C. Go.— 7 


CHAPTER XL 


THE UNITED STATES. 

Introductory. —Each division of government which 
we have considered exists for only a part of the whole 
people. The government of one State has no author¬ 
ity over the people of other States; but the govern¬ 
ment of-the United States, often called the national 
government or federal government, is for the good of 
the entire country, and its authority is over the whole 
people. 

All these divisions of government—the family, the 
school, the township or civil district, the county, the 
State, and the United States—are dependent upon one 
another. 

If family government were destroyed, society would 
be ruined and other governments would be worthless. 

If there were no schools, the people would be so 
ignorant that free government would be impossible. 

If the township or civil district were neglected, 
local government would be inefficient. 

If the States were blotted out, the national govern¬ 
ment would assume all power, and the freedom of 
the people would be greatly abridged, and perhaps 
finally lost. 

If the national government were dismembered, 
the States would be weak, helpless, at war with one 
another, and at the mercy of foreign nations. 

The distribution of power among the several politi- 


FORM OF GOVERNMENT. 


99 


cal organizations prevents any of them from assum¬ 
ing too much authority, and thus tends to preserve 
the liberties of the people. 

Formation. —The national government is based 
upon the Constitution of the United States. It was 
formed by the union of the several States under the 
Constitution, and its powers are set forth in that 
instrument. The thirteen original States ratified the 
Constitution of the United States between December 
7, 1787, and May 29, 1790, and thus organized the 
national government. It thus became, and has con¬ 
tinued to be, the government of the whole people, 
“ by the people and for the people.” 

FORM OF GOVERNMENT. 

The national government, like the government of 
each State, is a republic; that is, the authority is exer¬ 
cised by the representatives of the people. As all 
power resides in the people, our government is called 
a democracy. As the people elect officers or repre¬ 
sentatives to act for them in the performance of 
public duties, it is called a representative democracy. 

Our system of government is different from those 
of all other nations, because part of the political power 
is vested in the State, and part in the nation; that 
is, in the United States. 

The national Constitution enumerates the powers 
which may be exercised by the national government, 
and reserves all other powers “ to the States respec¬ 
tively, or to the people.” Because of this dual or 
double character of our system of government, John 
Quincy Adams called it “ a complicated machine.” 


100 


THE UNITED STATES. 


Purposes. —The purposes of the national govern¬ 
ment are clearly and forcibly set forth in the “ pream¬ 
ble,” or opening clause, of the Constitution of the 
United States ; 

1. “To form a more perfect union;'' 

2. “To establish justice;" 

3. “To insure domestic tranquillity;" 

4. “To provide for the common defense;" 

5. “To promote the general welfare; " 

6. “To secure the blessings of liberty to ourselves 
and our posterity.” 

Before the Revolutionary war, the American colo¬ 
nies were subject to Great Britain. By the Declara¬ 
tion of Independence these colonies became “ free 
and independent. States.” During the period between 
the Declaration of Independence and the adoption 
of the national Constitution, the union between the 
States was weak and unsatisfactory. 

Instead of there being “ domestic tranquillity,” the 
States were engaged in constant quarrels. There 
was no power to provide for the “ common defense ” 
of the people against foreign enemies; each State 
must protect itself as best it could. No provision 
could be made for the “ general welfare ” by the pas¬ 
sage and enforcement of broad measures for the whole 
country. Under the Articles of Confederation, as 
was said at that time, the States might “declare 
everything, but do nothing.” The adoption of the 
national Constitution and the formation of the na¬ 
tional government made the inhabitants of the States 
one people, and have since brought the United States 
to be “ the first of the nations of the earth.” 



CITIZENS. 


lOl 


Functions. —The functions of the national govern¬ 
ment are numerous and important. In adopting the 
national Constitution, the States delegated or ceded 
to the United States those powers which are neces¬ 
sary to the strength and greatness of a nation. 

The national government administers those public 
affairs which concern the whole people, such as the 
regulation of commerce, the granting of patents, and 
the coinage of money; and also those which pertain 
to the United States as a nation dealing with other 
nations, such as declaring war and making treaties of 
peace. 

The subjects upon which the national Congress 
may enact laws, and consequently the subjects in¬ 
cluded in the functions of the national government, 
are enumerated in Section 8, Article I. of the Constitu¬ 
tion. 

CITIZENS. 

The people who reside in the United States are 
either citizens or aliens. The national Constitution 
declares that “ All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, 
are citizens of the United States and of the State 
wherein they reside.” Women and children are citi¬ 
zens, though not entitled to vote. 

A citizen is a member of the body politic, bound to 
allegiance, and entitled to protection at home and 
abroad. He can renounce his allegiance—that is, lay 
down his citizenship~by becoming the subject of 
some other country. Wherever he goes, until he 
renounces his allegiance, he is a citizen of the United 
States, and is shielded from insult by the might and 


102 


THE UNITED STATES. 


majesty of the whole nation. Citizenship is therefore 
valuable for its protection abroad, as well as for its 
rights and privileges at home. 

Naturalization.—Naturalized citizens are persons 
of foreign birth who have become citizens by naturali¬ 
zation, after a continuous residence of at least five 
years in the United States. A foreigner is naturalized 
by appearing in court, declaring his intention to be¬ 
come a citizen of the United States, and his purpose 
to renounce all allegiance to foreign governments. 
After two years more, he must appear in open court, 
renounce upon oath all foreign allegiance, and swear 
to support the Constitution of the United States. 
If he bears any title of nobility, he must renounce 
it. Naturalized citizens have all the rights and 
privileges that belong to native-born citizens, except 
that no naturalized person can become President or 
Vice President of the United States. 

Rights.—The Constitution of the United States 
does not contain a formal bill of rights, as do most of 
the State constitutions, but it names the following 
as among the rights of citizens ; 

(1) “ The citizens of each State shall be entitled 
to all the privileges and immunities of citizens of the 
several States ”; 

That is, a citizen who removes into another State 
shall enjoy all the rights and privileges that belong 
to its citizens. 

(2) “ A person charged in any State with treason, 
felony, or other crime, who shall flee from justice, and 
be found in another State, shall, on demand of the 
executive authority of the State from which he fled, 


CITIZENS. 


103 


be delivered up, to be removed to the State having 
jurisdiction of the crime.” A demand for the deliv¬ 
ery of a fugitive criminal is called a requisition. 

(3) “ No person held to service or labor in one 
State under the laws thereof, escaping into another, 
shall, in consequence of any law or regulation therein, 
be discharged from such service or labor ; but shall 
be delivered up on claim of the party to whom such 
service or labor may be due.” 

This provision refers to the capture and return 
of fugitive slaves, and is rendered void by the aboli¬ 
tion of slavery. 

(4) “ A well-regulated militia being necessary to 
the security of a free State, the right of the people to 
keep and bear arms shall not be infringed.” 

This clause does not authorize the carrying of 
concealed weapons. 

(5) “ No soldier shall, in time of peace, be quar¬ 
tered in any house without the consent of the owner, 
nor in time of war but in a manner to be prescribed 
by law.” 

(6) “ The right of the people to be secure in their 
persons, houses, papers, and effects, against unreas¬ 
onable searches and seizures, shall not be violated; 
and no warrant shall issue but on probable cause, 
supported by oath or affirmation, and particularly 
describing the place to be searched and the persons 
or things to be seized.” 

(7) a. “ No person shall be held to answer for a 
capital or otherwise infamous crime, unless on a 
presentment or indictment of a grand jury, except 
in cases arising in the land or naval forces, or in the 


104 


THE UNITED STATES. 


militia when in actual service, in time of war or pub¬ 
lic danger; 

Nor shall any person be subject for the same 
offense to be twice put in jeopardy of life or limb, 
nor shall he be compelled, in any criminal case, to be 
a witness against himself; 

c. Nor be deprived of life, liberty, or property 
without due process of law; 

d. Nor shall private property be taken for public 
use without just compensation.” 

The first part of this clause secures a civil trial 
to every private citizen. The land and naval forces, 
and the militia when in actual service, are under 
military law, usually called martial law. 

(8) “ In all criminal prosecutions the accused shall 
enjoy the right 

a. “ To a speedy and public trial by an impartial 
jury of the State and district wherein the crime 
shall have been committed, which district shall have 
been previously ascertained by law ; 

b. “To be informed of the nature and cause of the 
accusation; 

c. “To be confronted with the witnesses against 
him ; 

d. “To have compulsory process for obtaining wit¬ 
nesses in his favor; 

e. “And to have the assistance of counsel for his 
defense.” 

(9) “ In suits at law where the value in contro¬ 
versy shall exceed twenty dollars, the right of trial 
by jury shall be preserved, and no fact tried by a jury 
shall be otherwise re-examined in any court of the 


NATURE OF THE CONSTITUTION 


105 

United States than according to the rules of the 
common law.” 

(10) “ Excessive bail shall not be required, nor ex¬ 
cessive fines imposed, nor cruel and unusual punish¬ 
ment inflicted.” 

(11) “Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party 
shall have been duly convicted, shall exist within the 
United States or any place subject to their juris¬ 
diction.” 

(12) “The right of citizens of the United States 
to vote shall not be denied or abridged by the United 
States, or by any State, on account of race, color, or 
previous condition of servitude.” 

(13) “The enumeration in the Constitution of cer¬ 
tain rights shall not be construed to deny or disparage 
others retained by the people.” 

ALIENS. 

Aliens are subjects of foreign governments. They 
are not citizens of this country, and, in general, have 
no right to take part in its political affairs. Through¬ 
out the Union aliens have full social and moral rights; 
in some States their property rights are restricted; 
and in a few States they have certain political 
rights. 

NATURE OF THE CONSTITUTION. 

The Constitution of the United States is the su¬ 
preme law of the whole land. It is a written instru¬ 
ment, and is often called the fundamental law. 

Neither the laws of any State nor the laws of the 


io6 the united states. 

United States must conflict with the Constitution. 
It is the basis of our system of government, the 
model upon which all State constitutions are framed, 
and the foundation of our greatness as a people. It 
defines the limits of the national government, and 
enumerates the powers of each of its departments. 
It declares what public interests are within the scope 
of the national government, reserves certain powers 
to the States, and provides that neither State nor 
nation shall enact certain specified laws. 

Formation.—The national Constitution was framed 
by a convention of delegates from twelve of the thir¬ 
teen original States, Rhode Island alone being un¬ 
represented. The convention was called for the 
purpose of revising the Articles of Confederation 
under which the States were at the time united. 

The convention met at Philadelphia, on Monday, 
May 14, 1787, and organized on the 25th day of the 
same month by electing as its president George 
Washington, one of the delegates from Virginia. 
The Articles of Confederation were readily seen to be 
inadequate to the purposes of a national government, 
and the convention proceeded to draught a “ Consti¬ 
tution for the United States of America.” 

The convention completed its labors, submitted 
the Constitution to the several States for their ratifi¬ 
cation, and adjourned on the 17th of September, 1787. 
All the States ratified the Constitution, the last being 
Rhode Island, whose convention, called for the pur¬ 
pose, passed the ordinance of ratification, May 29, 
1790 - 

Necessity. —The necessity for a written national 


NATURE OF THE CONSTITUTION. 


107 


constitution is readily seen. The preamble states 
the purposes of the Constitution, which are also the 
purposes of the national government. The Constitu¬ 
tion defines the limits of State and of national power, 
and thus prevents conflicts of authority which would 
otherwise arise between the State and the United 
States. Through the Constitution, the people, who 
are the sources of all just authority, grant to the 
government certain powers, and reserve all other 
powers to themselves. The Constitution prescribes 
the functions of each department of the government, 
and thus preserves the liberties of the people by pre¬ 
venting either Congress, the executive department, 
or the judiciary from exercising powers not granted 
to it. 

Amendment. —The Constitution prescribes two 
methods by which it may be amended: 

1. By a two thirds vote of both houses Congress 
may propose to the several States amendments 
to the Constitution. 

2. Upon the application of two thirds of the States, 
Congress shall call a convention of delegates 
from the several States for proposing amend¬ 
ments. 

An amendment proposed by either method, “ when 
ratified by the legislature of three fourths of the 
States, or by conventions in three fourths thereof, 
shall be valid to all intents and purposes as a part of 
this Constitution.” 

Nineteen amendments have been proposed by 
Congress, and fifteen of these have been ratified by 
three fourths of the State legislatures, and have 


io8 


THE UNITED STATES. 


become parts of the Constitution. The other four 
proposed amendments were rejected. Congress has 
never called a convention to propose amendments, 
and no State has ever called a convention to consider 
those amendments proposed by Congress. 

Departments. —The functions of each branch of 
government are carefully marked in the Constitu¬ 
tion, and the people and their representatives jeal¬ 
ously guard the rights of each department. They 
believe that the duties of the law-making power, 
those of the law-enforcing power, and those of the 
law-explaining power can not be too clearly separated. 
If the same officers could make the law, enforce the 
law, and explain the law, there would be no limit to 
their authority, and therefore no security to the 
people. 

The framers of the Constitution were wise men; 
they had seen the abuse of power by Great Britain 
while the colonies were under her sway, and they 
determined to guard the liberties of the people by 
forever separating the legislative, the executive, and 
the judicial functions. Their example has been fob- 
lowed in the constitutions of all the States. 

The President has no right to interfere with the 
decisions of the courts, and, except by his veto, can 
not interfere with the action of Congress. 

Congress can not question the decisions of courts, 
nor can it interfere with the legal actions of the 
President, except that the Senate may refuse to con¬ 
firm his appointments to office. 

Even the Supreme Court of the United States can 
not call in question the official acts of the President, 


SUGGESTIVE QUESTION’S, 


109 


SO long as he conforms to the law; nor has it any 
power over the acts of Congress, except merely to 
decide upon the constitutionality of the laws when 
they are properly brought before it. 

While, therefore. Congress and the President have 
some remote influence upon the actions of each 
other, neither has the slightest right to invade the 
functions of the Supreme Court, or of any other 
court, even the humblest in the land. 

SUGGESTIVE QUESTIONS. 

1. Why do foreigners become naturalized ? 

2. What is a title of nobility ? 

3. What officer of a State makes requisition for the delivery 
of a criminal held by another State ? 

4. When was slavery abolished in the United States ? 

5. What is the purpose of a militia force ? 

6. What is a capital crime ? 

7. Why is the accused entitled to a speedy and public trial ? 

8. Why is the Constitution called the fundamental law ? 

9. Read in the history of the United States the account of 
the formation of the Constitution. 

10. How many States were needed to ratify the Constitution 
in order that it might go into effect ? 

11. Read the fifteen amendments to the Constitution. 

12. Can you name any proposed amendments that have been 
recently advocated ? 

QUESTION FOR DEBATE. 

Resolved, That a written constitution is best for a free 
country. 


CHAPTER XII. 


THE UNITED STATES—{ConHmifd), 
LEGISLATIVE DEPARTMENT. 

Congress.—The legislative authority of the na¬ 
tional government is vested in the Congress of the 
United States, consisting of a senate and a house of 
representatives. The senators represent the States, 
and the representatives represent the people. Con¬ 
gress holds annual sessions at the city of Washington, 
the seat of the national government. A measure 
must pass both houses, and be approved by the 
President, in order to become a law; or if vetoed, it 
fails, unless it again passes both houses by a two 
thirds vote. 

Senators and representatives receive an annual 
salary of five thousand dollars each ; and are allowed 
mileage, or traveling expenses, of twenty cents for 
each mile in going to and returning from the session 
of Congress. 

Privileges of the Houses. —There are certain 
constitutional privileges guaranteed to Congress in 
order that its action in legislation may be free from 
undue influence from other departments of the gov¬ 
ernment. 

‘‘The times, places, and manner of holding elec¬ 
tions for senators and representatives shall be pre¬ 
scribed in each State by the legislature thereof; but 

(no) 


LEGISLATIVE DEPARTMENT. 


Ill 


the Congress may, at any time, by law, make or alter 
such regulations, except as to the places of choosing 
senators.” 

“ Each house shall be the judge of the elections 
and qualifications of its own membersthat is, 
each House declares who are entitled to membership 
therein. 

“ Each house may determine the rules of its pro¬ 
ceedings, punish its members for disorderly conduct, 
and with the concurrence of two thirds may expel a 
member.” 

Each house keeps and publishes a journal of its 
proceedings, “ except such parts as may, in their 
judgment, require secrecy ; and the yeas and nays of 
the members of either house, on any question, shall, 
at the desire of one fifth of those present, be entered 
on the journal.” 

‘‘ Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than 
that in which the two houses be situated.” 

Privileges and Disabilities of Members. —The 
Constitution of the United States sets forth the fol¬ 
lowing privileges and disabilities relating to member¬ 
ship in both the Senate and the House of Repre¬ 
sentatives : 

(i) “ The senators and representatives shall receive 
a compensation for their services, to be ascertained 
by law, and paid out of the treasury of the United 
States. 

“ They shall in all cases except treason, felony, 
and breach of peace be privileged from arrest during 


II 2 


THE UNITED STATES. 


their attendance upon the sessions of their respect* 
ive houses, and in going to and returning from the 
same; and for any speech or debate in either house 
they shall not be questioned in any other place.” 

(2) “ No senator or representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States 
which shall have been created, or the emoluments 
whereof shall have been increased, during such time; 
and no person holding any office under the United 
States shall be a member of either house during his 
continuance of office.” 

The purpose of the first part of this clause is to 
prevent members of Congress from voting to create 
offices, or to affix high salaries to offices, with the 
hope of being appointed to fill them. 

(3) “ The senators and representatives before men¬ 
tioned, and the members of the several legislatures, 
and all executive and judicial officers both of the 
United States and of the several States, shall be 
bound by oath or affirmation to support this Consti¬ 
tution ; but no religious test shall ever be required 
as a qualification to any office or public trust in the 
United States.” 

(4) ‘‘ No person shall be a senator or representative 
in Congress, or elector of President and Vice Presi¬ 
dent, or hold any office, civil or military, under the 
United States, or under any State, who, having pre 
viously taken an oath as a member of Congress, or as 
an officer of the United States, or as a member of any 
State legislature, or as an executive or judicial offi¬ 
cer of any State, to support the Constitution of the 


LEGISLATIVE DEPARTMENT, 


II3 

United States, shall have engaged in rebellion or 
insurrection against the same, or given aid and com¬ 
fort to the enemies thereof. But Congress may, by 
a vote of two thirds of each House, remove such 
disability.” 

The purpose of the clause was to exclude from 
office all those who had sworn, as officers of the State 
or the nation, to support the Constitution of the 
United States, and who afterward engaged in war 
against the Union. An act of Congress enabling 
them to hold office was called a removal of their 
disabilities. This clause of the Constitution is prac¬ 
tically void as regards all past offenses, as the dis¬ 
abilities of nearly all to whom it applied have been 
removed by Congress. 

Powers of Congress. —Congress has power: 

(1) To levy and collect taxes^ duties on imported 
goods, and revenues from articles of manufacture, 
“ to pay the debts and provide for the common de¬ 
fense and general welfare of the United States.” 

(2) “To borrow money on the credit of the United 
States.” 

The usual method of borrowing money is to issue 
government bonds, which are promises to pay the 
sums specified in them at a given time, with interest 
at a given rate. The bonds are sold, usually at their 
face value, and the proceeds applied to public pur¬ 
poses. United States bonds can not be taxed by a 
State. 

(3) “To regulate commerce with foreign nations, 
and among the several States, and with the Indian 
tribes.” 


Pet. C. Go.—8 


THE UNITED STATES. 


114 

(4) “ To establish a uniform rule of naturalization^ 
and uniform laws on the subject of bankruptcies, 
throughout the United States.” 

(5) “To coin money ; to regulate the value thereof, 
and of foreign coins; and fix the standard of weights 
and measures.” 

(6) “To provide for the punishment of counter^ 
feiting th.Q^ securities and current coin of the United 
States.” 

(7) “To establish post-offices and post-roads.” 

(8) “To promote the progress of science and the 
useful arts, by securing for limited times, to authors 
and inventors, the exclusive right to their writings 
and discoveries; ” 

That is, to grant copyrights to authors, and to 
issue patents to inventors. 

(9) “To constitute tribunals inferior to the 
supreme court.” 

(10) “To define and punish piracies and felonies 
committed on the high seas, and offenses against the 
laws of nations.” 

Piracy is robbery committed at sea. 

(11) “To declare war; to grant letters of marque 
and reprisal, and make rules concerning captures on 
land and water.” 

Letters of marque are commissions issued to private 
parties, authorizing them to cross the frontiers of 
another nation, and to seize the persons and property 
of its subjects. 

Reprisal is the forcible taking of the property or 
persons of the subjects of another nation, in return 
for injuries done to the government granting the 


LEGISLATIVE DEPARTMENT. 


”5 

letters. Vessels carrying letters of marque and 
reprisal are called privateers. 

(12) “To raise and support armies'^ 

(13) “To provide and maintain a navy.'' 

(14) “To make rules for the government and regu¬ 
lation of the land and naval forces.” 

(15) “To provide for calling forth the militia to 
execute the laws of the Union, to suppress insurrec¬ 
tion and repel invasions.” 

(16) “To provide for organizing, arming, and dis¬ 
ciplining the militia, and for governing such part of 
them as may be employed in the service of the 
United States.” 

(17) “To exercise exclusive legislation ” over the 
District of Columbia^ “ and to exercise like authority 
over all places purchased by the consent of the legis¬ 
lature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dockyards, 
and other needful buildings.” 

(18) “To make all laws which shall be neces¬ 
sary and proper for carrying into execution the 
foregoing powers and all other powers vested 
by this Constitution in the government of the 
United States, or in any department or ofificer 
thereof.” 

(19) “Congress may determine the time of choos¬ 
ing the electors " for President and Vice President of 
the United States, “ and the day on which they shall 
give their votes, which day shall be the same through¬ 
out the United States.” 

(20) “ Congress may, by law, provide for the case 
of removal, death, resignation, or inability of both 


Il6 THE UNITED STATES. 

the President and the Vice President, declaring 
what officer shall then act as President.” 

(21) “ Congress may, by law, vest the appointment 
of such inferior officers as they think proper, in the 
President alone, in the courts of law, or in the heads 
of departments.” 

(22) “ Congress shall have power to declare the 
punishment of treason'" 

(23) “ Full faith and credit shall be given to each 
State, to the public acts, records, and judicial pro¬ 
ceedings of every other State. And Congress may, 
by a general law, prescribe the manner in which cer¬ 
tain acts, records, and proceedings shall be proved, 
and the effect thereof.” 

(24) “ New States may be admitted by Congress 
into this Union, but no new State shall be formed 
or erected within the jurisdiction of any other State, 
nor any State be formed by the junction of two or 
more States, or parts of States, without the consent 
of the legislatures of the States concerned, as well as 
of Congress.” 

(25) “ Congress shall have power to dispose of, and 
to make all needful rules and regulations respect¬ 
ing the territory or other property belonging to the 
United States; and nothing in this Constitution 
shall be so construed as to prejudice any claim of the 
United States or of any particular State.” 

(26) “ Congress has power to enforce, by appropri¬ 
ate legislation,” all provisions of the Constitution. 

Under the authority “ to provide for the general 
welfare of the United States,” Congress exercises 
powers which are implied—that is, understood—but 


LEGISLATIVE DEPARTMENT, 


II7 

which are not expressly named in the Constitution. 
The grants of public lands to railway and canal com¬ 
panies, the annual appropriations for the improve¬ 
ment of rivers and harbors, and numerous similar 
laws are based upon implied powers. 

Forbidden Powers. —The following powers are 
expressly denied to the national government: 

(i) “ The privilege of the writ of habeas corpus 
shall not be suspended unless when, in cases of rebel¬ 
lion or invasion, the public safety shall require it.” 

Habeas corpus means “ Thou mayst have the 
body.” A person in prison, claiming to be unlaw¬ 
fully detained, or the friend of such a person, applies 
to the judge of a court for a writ of habeas corpus. 
The judge issues the writ, which directs the officer 
to bring the body of the prisoner into court at a cer¬ 
tain time and place, in order that the legality of the 
imprisonment may be tested. 

The case against the prisoner is not tried under the 
writ of habeas corpus^ but the judge inquires whether 
any crime is charged, or whether there is a legal cause 
for the arrest. If the imprisonment is illegal, the 
judge orders the prisoner released ; if the prisoner is 
lawfully held, the judge remands him to prison. This 
writ secures the freedom of every person unless de¬ 
tained upon legal charges. Therefore, there is no 
power in this wide country that can arrest and im¬ 
prison even the humblest citizen except upon legal 
grounds. The writ of habeas corpus is the most fa¬ 
mous writ known to the law, the strongest safeguard 
of the personal liberty of the citizens, and is regarded 
with almost a sacred reverence by the people. 


Il8 THE UNITED STATES. 

(2) No bill of attainder or ex post facto law shall 
be passed ” by Congress. 

A bill of attainder is an act of a legislative body 
inflicting the penalty of death without a regular trial. 
An ex post facto law is a law which fixes a penalty 
for acts done before the law was passed, or which 
increases the penalty of a crime after it is com¬ 
mitted. Laws for punishing crime more severely 
can take effect only after their passage; they can 
not affect a crime committed before they were 
passed. 

(3) “ No tax or duty shall be laid on articles ex¬ 
ported from any State. No preference shall be given, 
by any regulation of commerce or revenue, to the 
ports of one State over those of another; nor shall 
vessels bound to or from one State be obliged to 
enter, clear, or pay duties in another.” 

(4) “No money shall be drawn from the treasury 
but in consequence of appropriations made by law, 
and a regular statement and account of the receipts 
and expenditures of all public money shall be pub¬ 
lished from time to time.” 

(5) “No title of nobility shall be granted by the 
United States, and no person holding any office of 
profit or trust under them shall, without the consent 
of Congress, accept of any present, emolument, office, 
or title of any kind whatever, from any king, prince, 
or foreign State.” 

(6) “ Congress shall make no law respecting the 
establishment of religion, or prohibiting the free ex¬ 
ercise thereof ; or abridging the freedom of speech or 
of the press; or the right of the people peaceably to 


THE UNITED STATES SENATE. 


II9 

assemble, and to petition the government for a re¬ 
dress of grievances.” 

(7) “ The validity of the public debt of the United 
States, authorized by law, including debts incurred 
for payment of pensions and bounties for service in 
suppressing insurrection or rebellion shall not be 
questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation in¬ 
curred in aid of insurrection or rebellion against the 
United States, or any claim for loss or emancipation 
of any slave ; but all such debts, obligations, and 
claims shall be held illegal and void.” 

The Constitution of the United States forbids the 
national government from exercising certain other 
powers, relating principally to slavery; but such de¬ 
nials are rendered useless by the freedom of the 
slaves. 


THE UNITED STATES SENATE. 

The Senate is composed of two senators from each 
State, elected by the legislature ; and therefore each 
State has an equal representation, without regard to 
its area or the number of its people. 

The term of office of a United States senator is 
six years, and one third of the Senate is elected every 
two years. 

A senator must be thirty years old, must have 
been for nine years a citizen of the United States, 
and must be an inhabitant of the State from which he 
is elected. 

A vacancy which occurs in any State’s representa¬ 
tion in the United States Senate, when the legisla- 


120 


THE UNITED STATES. 


ture is not in session, is filled by appointment by the 
governor of the State, until the legislature meets 
again and fills the vacancy by election. 

The Vice President of the United States ex officio 
president of the Senate, but has no vote except when 
the Senate is equally divided upon a question. The 
Senate elects its other officers, including a president 
pro tempore^ or temporary president, who presides 
when the Vice President is absent. 

The Senate is a continuous body; that is, it is always 
organized, and when it meets it may proceed at once 
to business. 

When the House of Representatives impeaches an 
officer of the United States, the impeachment is tried 
before the Senate sitting as a court. 

The Senate has the sole power to try impeachments, 
and it requires two thirds of the senators present to 
convict. Judgment in cases of impeachment shall 
not extend further than to removal from office, and dis¬ 
qualification to hold and enjoy any office of honor, 
trust, or profit under the United States; but the 
party convicted shall, nevertheless, be liable and sub¬ 
ject to indictment, trial, judgment, and punishment 
according to law. 

All treaties made by the President of the United 
States with foreign countries must be laid before the 
Senate for ratification. If two thirds of the Senate 
vote for the treaty, it is ratified ; otherwise, it is 
rejected. 

Treaties are compacts or contracts between two or 
more nations made with a view to the public welfare 
of each, and are usually formed by agents orcommis- 


HOUSE OF REPRESENTATIVES. 


I2I 


sioners appointed by the respective governments of 
the countries concerned. 

HOUSE OF REPRESENTATIVES. 

The House of Representatives, often called the 
lower House of Congress, is a much larger body than 
the Senate. The last apportionment of representa¬ 
tives, made in 1891, gives the House three hundred 
and fifty-six members, and this goes into effect with 
the Fifty-third Congress’in 1893 ; but even the small¬ 
est State is entitled to one representative. 

A census of the people is made every ten years, 
and upon this as a basis Congress fixes the number 
of representatives for the entire country, and the 
number to which each State shall be entitled for the 
next ten years thereafter. Each legislature divides 
the State into as many Congress districts as the State 
is entitled to representatives, and each district elects 
a representative by direct vote of the people. 

The term of office is two years, and the terms of 
all representatives begin and end at the same time. 

A representative must be twenty-five years old, 
must have been a citizen of the United States seven 
years, and must be an inhabitant of the State from 
which he is elected. 

A vacancy in a State’s representation in the lower 
house of Congress is filled by special election called 
by the governor for that purpose. 

“All bills raising revenue”—that is, all bills pro¬ 
viding for taxation—“ must originate in the House 
of Representatives ; but the Senate may propose or 
concur in amendments, as in other bills.” Taxation 


122 


THE UNITED STATES. 


is called the strongest function of government, and 
therefore the Constitution provides that the first step 
must be taken by the House of Representatives, 
because its members are elected by the direct vote 
of the people, and are supposed to represent the peo¬ 
ple’s views. 

The Constitution provides that ‘‘ the House of 
Representatives shall have the sole power of impeach¬ 
ment ; ” that is, the House of Representatives must 
formulate and present the charges to the Senate, and 
prosecute the accused at its bar. An impeachment 
by the House of Representatives corresponds to an 
indictment by a grand jury ; specific charges must be 
made before a trial can be held in any court. 

The Speaker. —The speaker is elected by the 
representatives. He is a member of the House, and 
is nominated for the speakership by a convention, or 
caucus, of the representatives who are of his politi¬ 
cal party. In rank he is the third, and in influence 
the second officer of the government. He presides 
over the House, preserves decorum, decides points 
of order, and directs the business of legislation. He 
is the organ of the House, and because he speaks 
and declares its will is called the Speaker. He 
appoints about sixty standing committees, and thus 
largely shapes legislation. As almost all laws are 
matured by the committees, and are passed as the 
result of their work, the political influence of the 
speaker is second only to that of the President. 

The speaker receives three thousand dollars annu¬ 
ally in addition to his salary as a representative. 

The clerk of the preceding House presides during 


HOUSE OF REPRESENTATIVES, 


123 


the election of the speaker. Immediately after his 
election, the speaker is sworn into office by the rep¬ 
resentative of the longest service in the House. He 
then assumes the direction of business, and adminis¬ 
ters the oath to the members as they present them¬ 
selves by States. The House of Representatives is 
reorganized every two years at the opening of the 
first session of each Congress. 

Other Officers. —The other officers of the House 
are the clerk, the sergeant-at-arms, the doorkeeper, 
the postmaster, and the chaplain. They are not 
members of the House. The sergeant-at-arms and 
the doorkeeper appoint numerous subordinates. 

The sergeant-at-arms is the ministerial and police 
officer of the House. He preserves order, under the 
direction of the speaker, and executes all processes 
issued by the House or its committees. The symbol 
of authority of the House is the mace, consisting of 
a bundle of ebony rods surmounted by a globe, upon 
which is a silver eagle with outstretched wings. In 
scenes of disturbance, when the sergeant-at-arms 
bears the mace through the hall of the House at the 
speaker’s command, the members immediately be¬ 
come quiet and order is restored. 

The doorkeeper has charge of the hall of the House 
and its entrances. The postmaster receives and dis¬ 
tributes the mail matter of the members. The chap¬ 
lain opens the daily sessions of the House with prayer. 

SUGGESTIVE QUESTIONS. 

I. Why do not the people of the United States make their 
laws in person, instead of delegating this power to Congress ? 


124 


THE UNITED STATES. 


2. Is it right that the President should hold the veto power? 

3. Why is each House “judge of the elections, returns, and 
qualifications of its own members” ? 

4. Why are the yeas and nays entered on the Journal ? 

5. Why are senators and representatives privileged from 
arrest during the session, except for certain specified offenses ? 

6. Is it right to grant copyrights and patents ? 

7. What is counterfeiting ? 

8. Should United States senators be elected by the legisla¬ 
ture or by the people ? 

9. How many senators in Congress now ? 

10. Who are the two United States senators from this State ? 

11. What is an impeachment ? 

12. How many representatives in Congress from this State ? 

13. Give the name of the representative from this district. 

14. Who at present is speaker of the national House of 
Representatives ? 

15. Of what State is he a representative ? 

16. Name six of the most important committees of the House 
of Representatives. 

QUESTION FOR DEBATE. 

Resolved, That the members of the President’s cabinet 
should be members of the House of Representatives. 


CHAPTER XIII. 


THE UNITED STATES—(Conanued). 

EXECUTIVE DEPARTMENT. 

President: Qualifications. —The executive power 
of the national government is vested in the President 
of the United States. 

The President and the Vice President must be 
natural born citizens of this country, must have 
attained the age of thirty-five years, and must have 
resided fourteen years in the United States. 

In case of the President’s death, resignation, or 
removal from office, his duties devolve upon the 
Vice President; and if a vacancy occurs in the office, 
the Vice President becomes President of the United 
States. At other times the only duty of the Vice 
President is to preside over the Senate. 

The President receives a salary of fifty thousand 
dollars per year; the annual salary of the Vice 
President is eight thousand dollars. 

Election. —The President holds his office for a 
term of four years, and, together with the Vice 
President chosen for the same term, is elected in the 
following manner: Each of the political parties meets 
in the several States in State conventions during the 
earlier part of the regular year for the election of a 
President, and appoints delegates to the national 
convention of the party. Each party meets in 

(125) 


126 


THE UNITED STATES. 


national convention later on in the year, and nomi¬ 
nates the candidates whom it will support for Presi¬ 
dent and Vice President, and puts forth a declaration 
of principles called a “platform.” 

On Tuesday after the first Monday in November 
the people of the several States meet at their usual 
polling-places, and elect as many electors of President 
and Vice President as the State has senators and 
representatives in Congress. For this purpose can¬ 
didates for electors have previously been nominated 
by the several parties naming candidates for Presi¬ 
dent and Vice President. 

The election returns are forwarded to the State 
capital, where they are compared, and the result 
declared by the election board of the State. The 
governor and secretary of state issue certificates to 
the persons chosen as electors of President and Vice 
President. 

On the second Monday in January the electors of 
each State meet at the State capital and cast their 
votes for the candidates of their party for President 
and Vice President. They make, sign, certify, and 
seal three separate lists of their votes for President 
and Vice President; transmit two lists to the presi¬ 
dent of the United States Senate—one by mail and 
the other by special messenger—and file the remain¬ 
ing list with the judge of the United States district 
court of the district in which the electors meet. 

On the second Wednesday in February the United 
States Senate and House of Representatives meet in 
joint session. The president of the Senate opens 
the certificates of votes from all the States, and the 


EXECUTIVE DEPARTMENT, 


127 


votes are then counted. The person having the 
highest number of votes for President is declared 
elected President, if his votes are a majority of all 
the electors elected in the whole Union. 

If no person receives a majority of all the electoral 
votes, then the House of Representatives elects the 
President from the three candidates receiving the 
highest numbers of votes. A quorum for the purpose 
is a representative or representatives from two thirds 
of the States. Each State has one vote, cast as a 
majority of its representatives present directs; and 
a majority of all the States is necessary to elect. 

The person receiving the highest number of votes 
for Vice President is elected Vice President, if his 
votes are a majority of the whole number of electors 
chosen. 

If his votes are not a majority of all the electors, 
then the Senate proceeds to elect the Vice President 
from the two candidates receiving the highest num¬ 
ber of votes for Vice President. A quorum for the 
purpose consists of two thirds of the senators from 
all the States. Each senator has one.vote, and a 
majority of the whole number is necessary to elect. 

The people do not vote directly for President and 
Vice President, but for electors by whom the Presi¬ 
dent and the Vice President are chosen. The electors 
of all the States are called collectively the electoral 
college. 

The electors may vote for some other person than 
the candidate nominated by their respective parties; 
but no elector has ever chosen to exercise this privi¬ 
lege. They consider themselves in honor pledged 


128 


THE UNITED STATES, 


and instructed to cast their votes for the candidate 
of their own political faith. 

The vote of the people for electors is called the 
popular vote^ and the vote of the electors for Presi¬ 
dent is called the electoral vote. As has several times 
happened in our history, a candidate may be elected 
President or Vice President and yet be in a minority 
of the popular vote. 

Inauguration. —On the 4th of March following 
the election the President and the Vice President 
assume the duties of their respective offices amid 
imposing ceremonies. 

The Vice President is first sworn into office in the 
presence of the United States Senate. The following 
oath of office is then administered to the President¬ 
elect by the Chief Justice of the United States 
Supreme Court: “I do solemnly swear (or affirm) 
that I will faithfully execute the office of President 
of the United States; and that I will, to the best of 
my ability, preserve, protect, and defend the Consti¬ 
tution of the United States.” 

In the presence of a vast concourse of citizens the 
President delivers an address, outlining the public 
policy to be pursued during his term of office. There 
is usually a display of civil and military organizations 
representing all sections of the country. The polit¬ 
ical differences of the people are in great part 
forgotten in the enthusiasm attending the inaugu¬ 
ration of the President. 

Official Residence. —The presidential mansion in 
the city of Washington is called the White House. 
It was erected and is maintained by the national 


EXECUTIVE DEPARTMENT. 


129 


government at public expense. Here the President 
resides with his family, and receives private citizens, 
members of Congress, officers of other departments 
of the government, and foreign ministers and dig¬ 
nitaries. 

At his public receptions, held at stated times, he 
may be called upon' by the humblest person in the 
land. This shows the spirit of equality which pre¬ 
vails even in the highest station under our system of 
government. Our institutions are based upon the 
principle embodied in the Declaration of Independ¬ 
ence, “ That all men are created equal.” 

Dignity and Responsibility. —The office of Presi¬ 
dent of the United States is the highest in the gift of 
the people. “ He represents the unity, power, and 
purpose of the nation.” He is the first citizen of the 
United States, holding the position of highest dignity, 
influence, and responsibility in the whole country. 
He directs the machinery of the government, and is 
therefore held responsible by the people for the con¬ 
duct of public affairs, and largely for the condition 
of the country. 

His term of office is called an administration. He 
and his official advisers have the appointment of 
more than one hundred and fifteen thousand officers 
of the national government. 

Messages. —At the opening of each regular session 
of Congress the President sends to both houses his 
annual message, in which he reviews the public events 
of the previous year, gives “ information of the state 
of the Union,” and recommends the passage of such 
laws as he deems “ necessary and expedient.” From 

Pet. C. Go.—0 


130 


THE UNITED STATES. 


time to time he gives information upon special sub¬ 
jects, and recommends the passage of measures of 
pressing importance. The heads of departments 
make yearly reports to the President, which he lays 
before Congress and the country in his message. 

Duties and Powers. —The duties of the President 
are so extensive, the burdens of his office so heavy, 
and his power so great, that the people believe that 
no man, however wise and eminent, should hold the 
office for more than two terms. Washington set 
the example of voluntary retirement at the end of 
the second term, and it seems to be an unwritten law 
that no President shall serve more than eight years 
in succession. The duties of the office, so various 
and so burdensome, are summed up in the provision 
of the Constitution : “ He shall take care that the 
laws are faithfully executed.” 

The President approves or vetoes all bills and joint- 
resolutions passed by Congress, except those relating 
to questions of adjournment. All measures vetoed 
must, within ten days after they are received, be re¬ 
turned to the house in which they originated. The 
power to veto acts of Congress is called the legis¬ 
lative power of the President. 

He is commander-in-chief o{ the army and the navy 
of the United States, and of the militia of the several 
States when engaged in the national service. He 
does not command in person, but places the forces 
under the orders of officers of his choice. 

He may require information in writing from the 
heads of departments upon subjects relating to their 
respective offices. As he appoints these officers. 


EXECUTIVE DEPARTMENT. 


I3I 

and may remove them at his pleasure, the people 
hold him responsible for their official conduct. He 
is held responsible for the official actions of all offi¬ 
cers of the executive department of the government. 

He may grant reprieves and pardons for offenses 
against the United States, except in cases of impeach¬ 
ment. Frequent appeals are made to his pardoning 
power. 

He may make treaties with foreign countries, but 
before a treaty can have any effect it must be sub¬ 
mitted by him to the Senate, and must be ratified 
by a vote of two thirds of the senators present. 
With the consent of the Senate, he appoints minis¬ 
ters to foreign courts, consuls to foreign countries, 
judges of the United States Supreme Court, and 
other officers of the national government. He fills 
vacancies in office which occur during recesses of the 
Senate, by granting commissions which expire at the 
close of the next session of the Senate. 

He may, in cases of extreme necessity, call special 
sessions of Congress, or of either house. If the Sen¬ 
ate and the House of Representatives fail to agree 
upon a time to which they shall adjourn, the Presi¬ 
dent may adjourn them to such time as he may think 
proper. Such a necessity has never arisen, and 
therefore this power has never been exercised. 

The President may receive or refuse to receive 
ministers and other agents of foreign governments. 
To receive a minister is to recognize the nation which 
he represents. He may also dismiss foreign minis¬ 
ters who do not prove acceptable to our government. 

He commissions all officers of the United States. 


132 


THE UNTTED STATES. 


The power to make appointments of office is called 
his patronage. A civil service commission, consisting 
of three commissioners, has been established by act 
of Congress, to secure efficiency in the public service, 
and to prevent the appointment of men to office as a 
reward for party work. Before applicants for certain 
offices can be appointed they must pass an examina¬ 
tion prescribed by the civil service commission. 

CABINET. 

The President’s cabinet is a council of eight offi¬ 
cial advisers, appointed by him and confirmed by the 
Senate. They are often called heads of departments. 
The members of the cabinet are the secretary of state, 
the secretary of the treasury, the secretary of war, 
the secretary of the navy, the postmaster-general, the 
secretary of the interior, the attorney-general, and 
the secretary of agriculture. 

They may be removed by the President at pleas¬ 
ure, and are directly responsible to him for the con¬ 
duct of their respective departments. The Presi¬ 
dent holds frequent meetings of the cabinet for the 
purpose of conferring upon official business; but he 
may, if he choose, disregard their advice and act 
upon his own judgment. 

In case of the death, resignation, removal, or disabil¬ 
ity of both President and Vice President, the presiden¬ 
tial office would be filled by the members of the cabinet, 
in this order: The secretary of state, the secretary of 
the treasury, the secretary of war, the attorney-general, 
the postmaster-general, the secretary of the navy, the 
secretary of the interior. 


CABINET. 


133 


Each of the cabinet officers receives a salary of 
eight thousand dollars per year. 

Department of State. —The secretary of state is 
the head of the department of state, formerly called 
the department of foreign affairs. His office is the 
highest rank in the cabinet, and is next in impor¬ 
tance to that of the President. He preserves the 
original draughts of all treaties, laws, public docu¬ 
ments, and correspondence with foreign countries. 
He keeps the great seal of the United States, and 
fixes it to all commissions signed by the President. 
He furnishes copies of records and papers kept in 
his office, impressed with the seal of his department, 
and authenticates all proclamations and messages of 
the President. 

He has charge of the negotiation of treaties and 
other foreign affairs, conducts correspondence with 
foreign ministers, issues instructions for the guidance 
of our ministers and other agents to foreign countries, 
and from time to time reports to Congress the rela¬ 
tions of the United States with other governments. 
He is the organ of communication between the Pres¬ 
ident and the officers of the Territories. 

He issues traveling papers, called passports, to citi¬ 
zens wishing to travel in foreign countries. When 
foreign criminals take refuge in this country, he issues 
warrants for their delivery according to the terms of 
existing treaties. He presents to the President all 
foreign ministers, and is the only officer authorized to 
represent him in correspondence with foreign govern¬ 
ments. 

The secretary of state has three assistants, called 


134 


THE UNITED STATES. 


respectively, first assistant secretary of state, sec¬ 
ond assistant secretary of state, and third assistant 
secretary of state. 

The department of state conducts the foreign 
affairs of the government chiefly through the diplo¬ 
matic service and the consular service. 

The Diplomatic Service. —The officers of the 
diplomatic service are called ministers, and represent 
the United States in a political capacity. They ne¬ 
gotiate treaties under the direction of the secretary 
of state, and maintain friendly relations between 
the United States and the countries to which they 
are accredited. They are forbidden to engage in any 
commercial transaction, or to exercise any control 
over the commercial interests of the United States. 

By the laws of nations, foreign ministers in all 
countries enjoy many rights and privileges not ac¬ 
corded to other foreign persons. They are assisted 
by interpreters, who explain speeches made in foreign 
tongues; and by secretaries of legation, who keep 
the records, and attend to the minor duties of the 
ministers. 

The diplomatic service consists of envoys extraor¬ 
dinary and ministers plenipotentiary, and of minis¬ 
ters resident. 

The latter are inferior in rank to the former, but 
the duties are the same; the chief difference being 
in the rank and influence of the countries to which 
they are accredited. 

Envoys extraordinary and ministers plenipotentiary 
receive salaries ranging from seven thousand five 
hundred dollars to seventeen thousand five hundred 


CABINET. 


135 


dollars each, the latter sum being paid to those ac. 
credited to Great Britain, Germany, France, and 
Russia. 

Ministers resident, most of whom are also consuls 
general, receive from four thousand dollars to seven 
thousand dollars each. Ministers sent to foreign 
countries upon special service, such as the negotia¬ 
tion of special treaties, are sometimes called commis¬ 
sioners. 

Consular Service. —The consular service includes 
about thirty consuls general, some of whom are 
ministers resident, and more than three hundred 
consuls. 

The chief duties of consuls are to enforce the com¬ 
mercial laws, and to protect the rights of American 
citizens. Consuls reside at the principal cities of the 
consular districts to which they are accredited. The 
interests of American shipping and American seamen 
are specially intrusted to their care. They keep the 
papers of American vessels while in port; they record 
the tonnage, the kind and value of the cargo, and the 
number and condition of the sailors. They hear the 
complaints of seamen, cause the arrest of mutinous 
sailors, send them home for trial, and care for 
mariners in destitute condition. They take pos¬ 
session of the property of American citizens dying 
abroad, and forward the proceeds to the lawful 
heirs. 

They collect valuable information relating to the 
commerce, agriculture, and manufactures of foreign 
countries, which is distributed among our people by 
the department of state. 


THE UNITED STATES. 


136 

In Turkey, China, and Japan, American citizens 
charged with crime are tried by the American consul. 
Most consuls receive salaries ranging from one thou¬ 
sand dollars to six thousand dollars each, but some 
are paid by the fees received in the discharge of their 
duties. 

Treasury Department. —The secretary of the 
treasury is the head of the treasury department. 
He manages the entire financial system of the na¬ 
tional government. He suggests to Congress plans 
for raising revenue and maintaining the credit of the 
United States. 

He superintends the collection of revenue; the 
coinage of money; the operation of national banks ; 
the conduct of custom-houses, where taxes on foreign 
goods are collected, and the collection of internal 
revenue. The inspection of steam vessels; the man¬ 
agement of the marine hospital for disabled sailors ; 
the operation of the life-saving service, maintained 
for the rescue of persons from drowning; the prog¬ 
ress of the coast survey—are also under his charge; 
and he is chairman of the light-house board for the 
establishment and maintenance of light-houses along 
the sea-coast and lake-coast. His greatest responsi¬ 
bility is the management of the national debt, which 
still amounts to more than fifteen hundred millions 
of dollars. 

Bureaus. —The secretary of the treasury is assisted 
by two assistant secretaries of the treasury, two 
comptrollers, six auditors, a treasurer, a register of 
the treasury, and numerous other responsible offi¬ 
cers in charge of customs, the currency, internal 


CABINET 


137 


revenue, the mint, the erection of public buildings, 
and other important bureaus and divisions of the 
treasury. 

The first and second comptrollers re-examine all 
accounts settled by the auditors. 

The first auditor settles all accounts in the civil 
service, the national debt, the expenses of the 
United States courts, and the expenses of the 
custom-houses. 

The second auditor settles the army accounts and 
accounts with the Indians. 

The third auditor settles war claims, pension 
accounts, and the accounts of the engineer corps. 

The fourth auditor settles the accounts of the 
navy. 

The fifth auditor has charge of the accounts of 
the internal revenue, the census, and the State 
department. 

The sixth auditor examines and settles the accounts 
of the postal service. The auditors examine and 
approve and settle such as are just. 

The treasurer is custodian of the funds of the 
United States. All funds and securities are kept in 
vaults made for the purpose, or deposited in reliable 
banks for safe keeping. 

The register of the treasury has charge of the 
account-books of the treasury department. They 
show the exact financial condition of the United 
States at all times. The register’s name is upon all 
bonds and notes issued by the government. 

The comptroller of customs has immediate charge 
of the collection of customs, or duties upon goods 


138 


THE UNITED STATES. 


imported from foreign countries. The schedule or 
table showing the duty levied upon foreign goods is 
called the tariff. 

The comptroller of the currency has charge of the 
national banking system. A bank is a place for the 
safe keeping of money. A bank holding its charter 
—that is, its power to do business—from a State 
government is called a State bank. A bank char¬ 
tered by the national government is called a national 
bank. 

By the laws of the United States, five or more 
persons, with a capital of not less than fifty thousand 
dollars, may organize a national bank under the direc¬ 
tions of the comptroller of the treasury. A national 
bank may issue its notes—that is, its promises to pay 
—as currency, to an amount not exceeding ninety 
per cent, of United States bonds deposited by the 
bank with the national government. There are more 
than three thousand national banks in the United 
States. 

The commissioner of internal revenue supervises 
the collections of internal revenue. Internal revenue 
is derived from taxes laid upon tobacco and spirituous 
and malt liquors. 

The chief of the bureau of statistics collects and 
reports facts and figures bearing upon the trade and 
commerce of the country. He publishes monthly 
statements of various statistics. 

The director of the mint has charge of the coinage 
of money, and reports to Congress upon the yield of 
precious metals. There are mints at Philadelphia, 
Carson, San Francisco, Denver, and New Orleans. 


CABINET. 


139 


The Constitution vests the power to coin money in 
the national government alone. 

The chief of the bureau of engraving and print¬ 
ing supervises the execution of designs and the 
engraving and printing of internal revenue stamps, 
national bank notes, and the notes, bonds, and 
other financial paper of the United States. 

The supervising architect selects plans for the 
erection of custom-houses, court-houses, post-offices, 
mints, and other public buildings of the United States. 

The supervising surgeon-general has charge of the 
marine hospitals, and the selection and distribution 
of medical stores. 

The solicitor of the treasury has charge of prose¬ 
cutions for violations of the revenue laws, for counter¬ 
feiting, and other crimes against the financial inter¬ 
ests of the United States. 

The supervising inspector of steam vessels super¬ 
intends the inspection and licensing of steamboats 
and steamships, in order that those which are unsea¬ 
worthy may not endanger life and property. 

The superintendent of the coast survey has charge 
of the surveying of the sea-coast and rivers, and super¬ 
vises the preparation of maps and charts for the con¬ 
venience of seamen. 

War Department. —The secretary of war is the 
head of the war department. He has charge of the 
land forces, under the direction of the President. He 
supervises the expenditure of money voted by Con¬ 
gress for the improvement of rivers and harbors, 
and the United States Military Academy at West 
Point. 


40 


THE UNITED STATES. 


Bureaus. — The war department has numerous 
offices and bureaus, each of which is in charge of a 
responsible officer. 

The adjutant-general issues the military orders of 
the President, conducts the army correspondence, 
issues commissions, and keeps the army records. 

The quartermaster-general provides quarters, stor¬ 
age, and transportation for the army, and has charge 
of barracks and national cemeteries. 

The commissary-general provides food for the 
troops. 

The paymaster-general supervises the payment of 
the army and the military academy. 

The surgeon-general superintends the army hospi¬ 
tals, and the distribution of medical stores for the 
army. 

The inspector-general attends to inspection of the 
arms and equipments of the soldiers. 

The chief of engineers supervises the construction 
of forts, the improvement of rivers and harbors, and 
the surveys relating to them. 

The chief of ordnance furnishes guns and ammuni¬ 
tion to the army and to forts, and has charge of 
armories and arsenals. 

The judge^advocate-general^ who is chief of the 
bureau of military justice, prosecutes crimes com¬ 
mitted in the army, and reviews all sentences passed 
by military courts and military commissions. 

Military Academy. — The military academy at 
West Point is maintained by the national govern¬ 
ment, for the education and training of officers for 
the army. Each member of Congress appoints one 


CABINET. 


I4I 

cadet to the academy, and the President appoints 
one from each Territory and the District of Colum¬ 
bia, and ten from the United States at large. The 
academy is under the immediate charge of a super¬ 
intendent, an officer of the regular army, appointed 
by the secretary of war. Each cadet receives from 
the government an annual sum of money sufficient to 
pay all necessary expenses at the academy. 

Navy Department. —The secretary of the navy 
presides over the navy department. He has control 
of all affairs relating to vessels of war, the naval forces, 
and naval operations. He has charge of the Naval 
Observatory at Washington, and of the United States 
Naval Academy at Annapolis. The naval depart¬ 
ment issues sailing charts, sailing directions, and other 
publications for the use of seamen. 

Bureaus. —The naval department has numerous 
bureaus, which are in charge of competent officers 
detailed from the naval service. 

The bureau of yards and docks attends to the 
navy yards, docks, wharves, their buildings and 
machinery, and has charge of the Naval Asylum. 

The bureau of equipment and recruiting supplies 
vessels with fuel, sails, rigging, anchors, and other 
equipments, and has charge of recruiting seamen, 
landsmen, and boys for the service. 

The bureau of navigation has charge of the naval 
observatory, the naval academy, and the nautical 
almanac used by navigators. It furnishes vessels 
with maps, charts, books, and other appliances 
needed by the officers for the study of navigation. 

The bureau of ordnance superintends the forging 


142 


THE UNITED STATES. 


and testing of cannon, guns, and other military equip¬ 
ments, and the construction of torpedoes for naval 
warfare. 

The bureau of medicine and surgery has charge of 
the naval laboratory, the eight naval hospitals, and 
the purchase and distribution of surgical instruments 
and medical stores for the naval department. 

The bureau of provisions and clothing purchases 
and distributes provisions and clothing for the navy. 

The bureau of steam engineering superintends the 
construction and repair of engines and machinery for 
the vessels of war. 

The bureau of construction and repair has charge 
of all matters relating to the construction and repair 
of all vessels and boats used in the naval service. 

Naval Academy. —The naval academy at Annapo¬ 
lis is maintained by the national government for the 
purpose of educating and training officers for the 
navy. It bears the same relation to the navy that 
the military academy bears to the army. Each mem¬ 
ber of Congress appoints a cadet to the academy, and 
the President appoints one from each Territory and 
the District of Columbia, and ten from the United 
States at large. The academy is under the imme¬ 
diate charge of a superintendent, who is a naval offi¬ 
cer appointed by the secretary of the navy. Each 
cadet receives from the government an annual sum 
of money sufficient to pay all necessary expenses 
incurred at the academy. 

Post-Office Department. —The postmaster-gen¬ 
eral presides over the post-office department. He 
has control of all questions relating to the manage 


CABINET. 


143 


ment of post-offices and the carrying of the mails, 
and appoints all postmasters whose annual salaries 
are less than a thousand dollars each. Postmasters 
whose salaries exceed this sum are appointed by the 
President of the United States. 

Bureaus. —The postmaster-general has five assist¬ 
ants, who are in charge of the various details of the 
vast establishment devoted to the postal service. 

The first assistant post 7 naster-general superintends 
the establishment and discontinuance of post-offices, 
the appointment and removal of postmasters, and 
the furnishing of blanks and stationery to post-offices 
throughout the Union. He supervises the carrying 
of mails by ocean steamships, and the postal service 
with foreign countries. His bureau is called the 
appointment office. 

The second assistant postmaster-general attends to 
the letting of contracts for carrying the mails, decides 
upon the mode of conveyance, and fixes the time for 
the arrival and departure of mails at each post-office. 
This bureau is called the contract office. 

The third assistant postmaster-general has charge 
of the financial affairs of the department. He pro¬ 
vides stamps and stamped envelopes for post-offices, 
receives the reports and settlements of postmasters, 
and superintends the dead-letter office. This bureau 
is called the finance office. 

The superintendent of the money order system makes 
rules for the issuing of money orders and postal 
notes, and prepares the blanks used for these pur- 
poses. By means of money orders and postal notes, 
people may deposit money in the post-office at which 


144 


THE UNITED STATES. 


they mail their letters, and have it paid at the office 
to which their letters are addressed- 

The superintendent of foreign snails has charge of 
the foreign mail service. The United States has 
postal treaties with all civilized countries, by which 
regular mail lines are maintained. 

Interior Department. —The secretary of the in¬ 
terior is the chief officer of the interior department. 
The former name, home department, suggests the 
character of the subjects under its control. Its 
duties relate to various public interests which have 
been transferred to it from other departments. The 
department of the interior has charge of pensions, 
public lands, Indian affairs, patents, education, the 
geological survey, the census, and public documents. 

The commissioner of pensions has charge of the 
examination of pension claims and the granting of 
pensions and bounties for service in the army and 
the navy. There are more than five hundred thou¬ 
sand names on the pension rolls of the United States, 
and the annual payment of pensions amounts to over 
one hundred and twenty-five million dollars. 

The cojnmissioner of the general land office superin¬ 
tends the surveys and sales of the lands belonging to 
the national government. The United States surveys 
divide the public lands into ranges, townships, sec¬ 
tions, and fractions of sections. Ranges are bounded 
by north and south lines, six miles apart, and are 
numbered east and west. Ranges are divided into 
townships, each six miles square, numbered north 
and south. A township is divided into thirty-six 
sections, each one mile square, and containing six 


CABINET. 


145 

hundred and forty acres of land; and sections are 
divided into quarter sections. 

The commissioner of Indian affairs has charge of 
questions relating to the government of the Indians. 
Its agents make treaties, manage lands, issue rations 
and clothing, and conduct trade with the Indians. 

The commissio7ier of patents conducts all matters 
pertaining to the granting of patents for useful inven¬ 
tions, discoveries, and improvements. 

A patent gives the inventor the exclusive right to 
manufacture, sell, and use the patented article for a 
period of seventeen years. 

A copyright, which is somewhat similar to a patent, 
gives the author of a book the exclusive right to 
print, publish, and sell it for a period of twenty-eight 
years, with the privilege at the expiration of that 
time of renewing for fourteen years more. 

An inventor or author may sell a patent or copy¬ 
right, as well as other property. 

The commissioner of education investigates the con¬ 
dition and progress of education in the several States 
and Territories, and collects information relating to 
schools, school systems, and methods of teaching. 
The facts collected are distributed among the people 
in annual reports published by the office. 

The superintendent of the geological survey sends 
out parties of scientific men, who explore unknown 
parts of the Union, trace the sources of rivers, meas¬ 
ure the heights of lands, search for traces of the ear¬ 
liest inhabitants, and gather other facts relating to 
the natural resources of the country. The geological 
survey has control of the national museum, a great 

Pht. C. Go.—10 


1^6 the united states. 

collection of minerals, fossils, relics, and other objects 
of interest bearing upon the nature of the country 
and the history of the people. 

The superintendent of the census has charge of the 
taking of the census of the United States every ten 
years. A superintendent is appointed for each census, 
and retires from office when the work is completed. 

The superintendent of public documents keeps and 
distributes among the people the documents and 
other publications printed for the use of the public. 
Care is taken that public documents are sent to the 
persons most interested in them. 

Department of Justice. —The attorney-general 
presides over the department of justice. He is the 
chief law officer of the government, and the legal 
adviser of all the departments. He is assisted by the 
solicitor-general, who is the second officer in rank ; 
by four assistant attorney-generals, a solicitor of 
internal revenue, a naval solicitor, an examiner of 
claims, a solicitor of the treasury, and an assistant 
solicitor. The duties of the department of justice 
may be classified as follows; 

1. To conduct before the supreme court all suits to 
which the United States is a party. 

2. To conduct suits arising in any of the depart¬ 
ments, when requested by the head thereof. 

3. To give written advice and to render written 
opinions upon points of law, when requested by 
the President or the heads of departments. 

4. To exercise supervision over the district attor¬ 
neys and marshals of the United States district 
courts. 


CABINET. 


H7 


5. To examine the titles of lands proposed to be 
purchased by the United States, as sites for 
forts, arsenals, barracks, dockyards, custom¬ 
houses, post-offices, and other public purposes. 

6. To examine and report upon applications for 
judicial offices and positions requiring legal 
ability. 

7. To report annually to Congress upon the busi¬ 
ness of the department, and upon matters relat¬ 
ing to the enforcement of the laws throughout 
the Union. 

Department of Agriculture. —The department 
of agriculture was organized by act of Congress in 
1889. Previous to that time it had been a bureau 
of the interior department. The secretary of agri¬ 
culture is the chief officer of the department of 
agriculture. 

This department collects and diffuses among the 
people useful knowledge relating to agriculture 
and agricultural products. It has a general super¬ 
vision of the agricultural colleges established in the 
several States from the proceeds of public lands 
granted by Congress in 1862. Experiments are 
conducted upon farm and garden products, and the 
seeds of choice varieties are distributed among the 
people. 

The department also has charge of the forestry 
interests, with special reference to the planting and 
preservation of forests, and receives and publishes 
the reports of the weather signal service regarding 
storms and the condition of the weather, in the inter¬ 
est of agriculture and commerce. 


148 


THE UNITED STATES. 


SUGGESTIVE QUESTIONS. 

1. Why does the Constitution require that the President 
shall be a native of the United States ? 

2. Who is now President, and of what State is he a citizen ? 

3. When was he elected ? 

4. Who is Vice President, and of what State is he a citizen? 

5. Is the President’s salary too large ? 

6. Should the President be eligible for reelection ? 

7. Do you think he should have the veto power ? 

8. Read the last annual message of the President. 

9. Of what use is a passport in traveling ? 

TO. What is internal revenue ? 

11. What was the principal cause of the national debt ? 

12. For what are light-houses used ? 

13. Where is the nearest national bank to this place ? 

14. How many soldiers, including officers, in the army of 
the United States ? 

15. Give a full description of the national military academy. 

16. Is there a signal service in this vicinity ? 

17. Of what value are the weather reports ? 

18. Of what use is a navy ? 

19. Give a full description of the naval academy. 

20. Should postmasters be elected by the people ? 

21. How many post-offices in the United States ? 

22. Why is it right for the government to grant pensions ? 

23. Why should a census be taken ? 

24. What is the population of the United States, and what 
the population of this State, by the census of 1890 ? 

25. What is meant by conducting a suit before the supreme 
court ? 

26. Read the congressional act of 1862 granting public lands 
to the States for the establishment of agricultural and mechani¬ 
cal colleges. 

QUESTION FOR DEBATE. 

Resolved, That the President and the Vice President should 
be elected by the popular vote. 


CHAPTER XIV. 


THE UNITED ST AT RS—{Continued). 

JUDICIAL DEPARTMENT. 

The judicial department is one of the three great 
departments of the government, being coordinate 
with Congress, the legislative power, and with the 
President, the executive power. The principle of 
three coordinate departments of government is new, 
the United States being the first nation that ever 
embodied it in its constitution. 

The judicial system of the United States includes 
the Supreme Court of the United States, the circuit 
courts of appeals, circuit courts, district courts, the 
supreme court of the District of Columbia, the court 
of claims, a territorial court for each of the Terri¬ 
tories, and several commissioners’ courts in each of 
the States. 

Jurisdiction of United States Courts.— The 

jurisdiction of United States courts extends to the 
following classes of suits at law: 

1. To all cases arising under laws passed by Con¬ 
gress. 

2. Those affecting ministers, consuls, and other 
agents of the United States and foreign coun¬ 
tries. 

3. Suits arising on the high seas. 

4. All suits to which the United States is a party. 

(149) 


150 


THE UNITED STATES. 


5. Controversies between a State and the citizens 
of another State. 

6. Cases between citizens of different States. 

7. Suits between citizens of the same State claim¬ 
ing lands under grants by different States. 

8. Cases between a State or its citizens and a for¬ 
eign State or its citizens. 

It will be seen that all cases at law to which a State 
is a party must be tried in the courts of the United 
States. A direct suit can not be brought against the 
United States except by authority of a special act 
of Congress ; nor can a suit be brought against a 
State by a citizen of another State, or by one of its 
own citizens, except by the special permission of its 
legislature. 

Supreme Court of the United States. —The 

Supreme Court of the United States is the highest 
judicial tribunal in the country. It consists of the 
Chief Justice and eight associate justices, nominated 
by the President and confirmed by the Senate. The 
country is divided into nine circuits, each represented 
by a justice of the Supreme Court. The justices 
hold their offices during life, unless impeached; but 
they have the privilege of retiring upon full pay, at 
seventy years of age, provided they have served in 
the court for ten years. A quorum consists of any 
six justices, and if four or more agree upon a decision 
it becomes the decision of the court. 

The court holds annual sessions in the Capitol 
building at Washington, beginning upon the second 
Monday in October. The annual salary of the 
Chief Justice is ten thousand five hundred dollars; 


JUDICIAL DEPARTMENT. 


15I 

that of the associate justices is ten thousand dollars 
each. 

The Constitution of the United States creates 
and names the Supreme Court, and provides that 
the judicial power shall be vested in it “and in such 
inferior courts as Congress may from time to time 
ordain and establish.” 

Jurisdiction. —-The Supreme Court has original 
jurisdiction in all cases affecting ministers, consuls, 
and other agents of the United States and foreign 
countries, and in cases to which a State is a party. 

Most cases tried by it are brought before it upon 
appeals from the inferior courts of the United States. 
They involve chiefly the questions of jurisdiction of 
the inferior courts, the constitutionality of laws, the 
validity of treaties, and the sentences in criminal and 
prize causes. An appeal from a State court can be 
carried to the Supreme Court only upon the ground 
that the decision of the State court is in conflict with 
the Constitution or laws of the United States. 

The peculiar province of the Supreme Court is to 
interpret the Constitution, and in all conflicts between 
a State and the nation the final decision rests with 
the Supreme Court of the United States. It may, 
and does, modify its own judgments; but until it 
modifies or reverses a decision, it is final, and from it 
there is no appeal. Whether its decree be against a 
private citizen, a State, the Congress, or the President, 
that decree is “ the end of the whole matter,” and 
must be obeyed. 

The Supreme Court is more admired and praised 
by foreign critics than is any other of our institutions. 


152 


THE UNITED STATES, 


It is conceded by all to be one of the strongest and 
best features in our system of government. In a free 
country like ours, such a tribunal is necessary to pre¬ 
vent the legislative and executive departments from 
trespassing upon the Constitution, and invading the 
rights of the people. Therefore the Supreme Court 
of the United States has been appropriately called 
“ the balance-wheel in our system of government.” 

United States Circuit Courts of Appeals.— 
There are nine circuit courts of appeals, one for each 
United States circuit. The judges are the same as 
those of the circuit courts, but the circuit court of 
appeals is entirely independent in its jurisdiction. 
All appeals from the circuit and district courts must 
be made to the circuit courts of appeals, except in 
cases expressly provided by law to be taken direct 
to the supreme court; but provision is also made for 
appeal from the decision of the circuit courts of ap¬ 
peals to the supreme court in certain classes of cases. 

United States Circuit Court. — Each United 
States circuit embraces several States, and has two or 
more circuit judges nominated by the President and 
confirmed by the Senate. One justice of the supreme 
court is also assigned to each circuit. The circuit 
court may consist of any one of the judges represent¬ 
ing the circuit, or of all of them sitting together, or 
of either sitting with a judge of the United States 
district court. The circuit court has original juris¬ 
diction in civil cases involving property worth five 
hundred dollars or more, and in all cases of crime 
against the United States. 

In each State a large majority of the civil suits, 


JUDICIAL DEPARTMENT. 


153 


whatever the amount involved, and of criminal cases, 
whatever the offense committed, must be tried and 
finally decided in the State courts. In a vast major¬ 
ity of instances the people must obtain justice in the 
courts of the State in which they live. 

United States District Court. —Each State has 
one or more United States district courts. The 
district judge presides in the district court, either 
alone or with the judge of the circuit court. The 
district court has both civil and criminal jurisdiction 
in all cases under the national law which are not 
required to be brought in the higher courts. 

The United States circuit and district courts are 
commonly called federal courts. If the judges of 
these courts desire, they may retire upon full pay 
at the age of seventy, after ten years of consecutive 
service. 

Court of Claims. —The court of claims holds its 
sessions at Washington, and consists of a chief jus¬ 
tice and four associate justices. It hears and deter¬ 
mines claims against the United States. No one 
can bring suit against the United States govern¬ 
ment ; but a person having a claim against it may 
submit the claim to the court of claims for trial, and, 
if the claim is declared legal and just, it is usually 
paid by act of Congress. 

Other Courts. —The supreme court of the District 
of Columbia consists of a chief justice and five asso¬ 
ciate justices. Its jurisdiction is similar to that of 
the United States district courts, but is confined to 
cases arising in the District of Columbia. 

Territorial courts consist of a chief justice and two 


154 


THE UNITED STATES. 


associate justices, who hold their offices for a term 
of four years, unless removed by the President. A 
territorial court holds its sessions in the Territory 
for which it is constituted, and has jurisdiction of 
cases arising under the laws of Congress and the laws 
passed by the territorial legislature. 

Appeals are taken from the court of the District 
of Columbia and from the territorial courts to the 
supreme court of the United States. 

A United States commissioner’s court consists of 
a commissioner appointed by the judge of the dis¬ 
trict court. The chief duties of this court are to 
arrest and hold for trial persons charged with offenses 
against the United States, and to assist in taking 
testimony for the trial of cases. A judge of a State 
court or a justice of the peace may act as United 
States commissioner, but while engaged in such 
duties he is an officer of the United States, and not 
of the State. 

Term of Service. —Justices of circuit courts, dis¬ 
trict courts, the court of claims, the court of the Dis¬ 
trict of Columbia, and of the territorial courts, are 
appointed by the President and confirmed by the 
Senate. The justices of these courts, except of 
the territorial courts, hold their offices during life, 
unless impeached. This life tenure of office, and 
the provision that a salary of a justice shall not be 
reduced during his term, render the courts of the 
United States independent of Congress and public 
opinion, and tend to preserve the purity and dignity 
of their decisions. 

The salary of a justice of the circuit court is six 




JUDICIAL DEPARTMENT. 


55 


thousand dollars; that of a justice of a district court 
is from three thousand five hundred dollars to five 
thousand dollars; that of a justice of a court of claims 
is four thousand five hundred dollars; that of a 
justice of the court of the District of Columbia is 
four thousand five hundred dollars, except the chief 
justice, who receives five thousand dollars ; and that 
of a justice of a territorial court is three thousand 
dollars. 

Officers of Courts. —All United States courts, 
except the supreme court, the circuit courts of appeals, 
the court of claims, the supreme court of the District 
of Columbia, and commissioners’ courts, have grand 
juries and trial juries, who perform duties similar to 
those of juries in State courts. With the consent of 
the Senate, the President appoints for each district a 
United States district attorney and a United States 
marshal, who are also officers of the circuit court. 

The district attorney represents the United States 
in all civil and criminal cases to which it is a party. 

The marshal is the executive and ministerial officer 
of the court, with duties similar to those of a sheriff. 

The supreme court of the United States appoints 
a reporter, who reports—that is, edits and publishes— 
its decisions. This court also appoints its own mar¬ 
shal. The decisions of the circuit court and district 
court are reported by the judge, or by an attorney 
under the judge’s sanction. Each court appoints a 
clerk, who keeps a record of its proceedings; gives a 
history of each case; notes all orders, decisions, and 
judgments; has charge of all money paid ; and keeps 
and fixes the seal of the court. 


156 


THE UNITED STATES. 


The circuit courts of appeals appoint their own 
marshals and clerks. The duties of these officers are 
similar to those performed by the marshal and clerk 
of the 'Supreme Court. The circuit courts of appeals 
have no reporters. 

SUGGESTIVE QUESTIONS. 

1. Who is chief justice of the United States, and of what 
State is he a citizen ? 

2. Why should a judge hold his position during a long term 
of years ? 

3. This State is a part of what United States circuit ? 

4. What justice represents this circuit in the supreme court ? 

5. Who is judge of the United States district court of this 
district ? 

6. Why can no person bring suit against the United States 
except by special act of Congress ? 

QUESTION FOR DEBATE. 

Resolved, That the jury system should be abolished. 


PART II. 


CHAPTER XV. 

GOVERNMENT. 

Government is defined as rule or control. It is 
that which governs, and also the act of governing. 
In its political sense, it means the supreme author¬ 
ity of a State or other political community, or the 
act by which this authority is applied. It is some¬ 
times said to be a system of institutions for the 
restraint of people living in the social state or social 
condition. 

The word govern is derived from a Latin word 
which first meant to steer the ship, and then very 
naturally came to mean to guide, to direct, to com¬ 
mand. 

The comparison of governing with steering is a 
very happy one,” for the interest of him who steers 
is the same as that of the people in the ship : “ all 
must float or sink together.” So the interest of 
those that govern, of those that guide “ the ship of 
state,” as we often express it, is the same as that 
of the people.* 

Orig’in and Necessity. —The origin of government 
is unknown ; its beginning can not be traced. People 


*Fiske’s Civil Government of the United States. 

( 157 ) 




158 


GO VERI^MENT. 


everywhere, in all the varying degrees of civilization, 
recognize the necessity of a supreme authority, to 
whom all owe and render obedience. 

Men can not long live in the same vicinity without 
some kind of political organization. Without some 
sort of government—that is, some supreme power to 
settle disputes—the people would be in continual 
warfare; there could be no security to person or 
property ; each individual could look to himself alone 
for safety; ‘‘ his hand would be against every man, 
and every man’s hand against him.” 

Wherever men are found they live under some 
form of government, however rude and imperfect. 
In all parts and in all ages of the world they have 
seen the necessity of some power to protect the weak 
and restrain the strong, and have therefore set up a 
supreme authority for the common welfare. 

A body of people living under government is called 
society, and the agreement existing between them, for 
their common welfare, is called the social compact. 

Men are so constituted that society is necessary to 
their happiness. Therefore they seek the social state 
and join the social compact, thus agreeing to be gov¬ 
erned by law and order. 

For the People. —Government is for the people, 
and not for the rulers. Officers, the highest and the 
lowest, are merely the servants of the people. 

All governments derive their just powers from 
the consent of the people, and are established and 
maintained for their good. All powers which are 
exercised without the consent of the people are un¬ 
just and tyrannical. 


FORMS OF CIVIL GOVERNMENT, 


159 

Kinds.— Government is of two kinds, civil and 
military. 

Civil government is the government of civil society, 
or the government of the people in a peaceful 
state. * 

Military government is the government of men in 
a state of war. It prevails in the army and 
the navy, and sometimes in districts which are 
the scenes of military operations. 

Military government is conducted by the rules of 
martial law, and in its penalties and exactions is 
much more severe than civil government. 

FORMS OF CIVIL GOVERNMENT. 

There are many forms of civil government, but 
they may be reduced to three principal systems : 

1. Monarchy : government by one person. 

2. Aristocracy : government by a few persons. 

3. Democracy : government by the people. 

Every government is either one of these forms or 

is composed of two or more of them. 

Monarchy. —A monarchy is a government whose 
chief authority is vested imone person, usually called 
king, queen, emperor, empress, or prince. Mon¬ 
archies are absolute or limited. 

In an absolute monarchy there is no limit to the 
power of the monarch ; his wishes are the laws of the 
people. The people are his property, and in his per¬ 
son are combined all the powers of government, legis* 
lative, executive, and judicial. Russia is the only 
civilized nation whose government is still an abso 
lute monarchy. 


16o GO VERNMENT, 

In a constitutional monarchy the sovereign, or chiei 
ruler, must govern by laws made by a representative 
body elected by the people. England and Germany 
are constitutional monarchies. 

In an hereditary monarchy the sovereign inherits 
the ruling power, usually from his father. 

In an elective monarchy the sovereign is elected for 
life, usually by the dignitaries of other nations. 

A patriarchy is a monarchy in which the chief 
power is exercised by a patriarch, or father. The 
authority of the patriarch is confined to his tribe. 
This form of government was common in ancient 
times, before tribes were combined into nations. 

A theocracy is a monarchy whose rulers claim to 
be under the direct guidance of God. The govern¬ 
ment of the ancient Hebrews was a theocracy. 

Aristocracy.—An aristocracy, sometimes called 
oligarchy, is a government in which the supreme 
authority is vested in a privileged few, distinguished 
by their wealth and social position. 

The privileged class are usually called nobles. 
They are above the common people in rank and bear 
titles of honor. These titles are mostly inherited, 
but are sometimes conferred upon persons by the 
sovereign. 

An aristocracy never exists by itself; it is always 
combined with some other form of government, 
usually with a constitutional monarchy. The gov¬ 
ernment of England is partly aristocratic ; the House 
of Lords, one of the bodies of Parliament, being 
composed of nobles. 

Democracy. —A dernocracy is a “ government of 


FORMS OF CIVIL GOVERNMENT. i6x 

the people, by the people, for the people.” It is a 
government by many, instead of by one or by a few. 
Hereditary titles are inconsistent with democratic 
government, and therefore never exist in a democ¬ 
racy. 

A pure democracy is a government conducted by 
the people in person. It is practicable only in a 
political community so small that all the people may 
assemble at the seat of governmento The New Eng¬ 
land “ town meeting ” is almost the only example of 
a pure democracy in the world at the present time; 
certainly the only example in the United States. 

A republic, or representative democracy, is a govern¬ 
ment conducted by representatives elected by the 
people. 

The United States, Mexico, France, Switzerland, 
and all South American nations are republics, and 
the republican principle of government is growing in 
popularity throughout the civilized world. 

No form of government is equally good for all peo¬ 
ples. A certain form may be good for one country 
and bad for another country. A republic, which is 
the best government for a well-educated and virtu¬ 
ous people, is the worst for an ignorant and depraved 
people. 

The excellence of a republican government depends 
upon the knowledge and virtue of its citizens. The 
people are the rulers, and, if they are wise and virtu¬ 
ous, they will rule well; if they are ignorant and de¬ 
praved, they will rule ill. Therefore the hope of a 
republic like ours is, that its people will continue to 
grow wiser and better. 

Pet. C. Go. —II 


GOVERNMENT. 


162 


SUGGESTIVE QUESTIONS. 

1. Why is military government more severe than civil gov¬ 
ernment ? 

2. Could society exist without law ? Why ? 

3. Why is a republic a bad form of government for an igno¬ 
rant people ? 

4. Are the people of the United States growing wiser and 
better? 

5. Is this State improving in civilization ? 


CHAPTER XVL 


JUSTICE. 

The object of government is to protect the people, 
and to render justice to them. Justice is the security 
of rights. A right is a well-founded claim ; that is, 
a just claim of one person upon other persons. 

Rights are the most important things that a person 
can possess, because his happiness depends upon 
them. They are real things, for whose protection 
governments are instituted. The kind and extent of 
the rights recognized and protected in any country 
determine the form of its government. As a rule, 
there is more freedom among citizens of a republic 
than among those of other governments, because a 
republic guarantees more rights. 

RIGHTS AND DUTIES. 

People have many rights, and they have equally 
as many duties. Each right given to a person is a 
trust placed in his hands for him to discharge. A 
right implies a duty, and a duty implies a right. 
Rights and duties go hand in hand. For example, 
children have a right to the protection of their 
parents, and this implies that it is the duty of chil¬ 
dren to obey their parents. 

Civil Rights and Duties. —Rights and duties are 
civil and political. Civil rights are sometimes called 
inalienable rights^ because they can not be justly 

(163) 


164 


JUSTICE. 


taken away except as a punishment for crime. They 
are chiefly those rights with which we are endowed 
by nature. They are not conferred by any earthly 
power, but are given to every human being at his 
birth. They are called civil rights, because they 
belong to the citizen in his ordinary daily life. 
A.mong civil rights are: 

1. The right to personal security; that is, the right 
to be free from attack and annoyance; 

2. The right of personal liberty; that is, to go 
when and where he pleases, providing he does 
not trespass upon the rights of others; and 

3. The right of private property; that is, the right 
to use, enjoy, and dispose of what he has ac¬ 
quired by labor, purchase, gift, or inheritance. 

The greater part of these rights belong to men 
A^hether living in society, that is, under government, 
or living without government. Their natural rights 
are more extensive without society than with it, but 
are far less secure. Without government natural 
rights are unlimited; each person may lay claim to 
all land and to all it produces, provided he is strong 
enough to maintain his claim by force. 

When men join the social compact, they agree to 
abandon some of their natural rights, in order to be 
protected by the government in those which they 
retain; that is, each person agrees that in making his 
own claims he will have due regard for the similar 
claims of others. 

In entering the social compact, men also agree to 
submit their personal claims to settlement by the 
law, instead of going to war to maintain them. They 


RIGHTS AND DUTIES. 


165 


agree to refer their disputes to courts established for 
that purpose. As a rule, under government, right 
prevails ; without government, might prevails. 

Civil rights are divided into industrial rights^ social 
rights, and moral or religious rights. 

Industrial Rights and Duties. —It is the right 
and duty of each person to provide in his own way, 
providing it is legal and honest, for himself and those 
dependent upon him. All business transactions; 
the search for homes, comforts, and wealth ; agri¬ 
culture, manufacturing, mining, and commerce; the 
conduct of all professions, occupations, and indus¬ 
tries; the interests of farm laborers, operatives in 
factories, miners, clerks, and all persons engaged in 
mental or physical labor, are based upon industrial 
rights and duties. 

The wages of people, the hours of labor, railway 
and telegraph lines, canals, express companies, other 
common carriers, the various kinds of employment, 
and the organization of men in different branches 
of industry to advance their interests, are questions 
affecting industrial rights. These rights underlie all 
efforts of people to improve their financial condition. 

Social Rights and Duties. —Each member of 
society has rights as such, and these are called social 
rights. They include the rights of personal security 
and protection. They underlie all efforts for the 
improvement of the social condition of the people. 
Society is interested in better schools, in public 
health, in the reformation of criminals, in good high¬ 
ways and streets, in safe buildings, in well-lighted 
cities and villages, in the maintenance of charitable 


i66 


JUSTICE. 


institutions, in the establishment of sources of harm¬ 
less amusement, and in the preservation of peace 
and order. 

The comfort and convenience of the public are 
even more important than the comfort and con¬ 
venience of any person. Therefore, individual rights 
must yield to public rights when the two conflict. 
For example, the land of a private citizen may be 
condemned by the proper authorities, and be used for 
public highways or other public purposes. The gov¬ 
ernment pays the owner of the property condemned, 
but usually less than his estimate of the value. 

This right of society, existing above the right of 
any of its members, is called the RIGHT OF EMINENT 
DOMAIN. By it individual rights must yield to the 
rights of society, of the government, or of a corpora¬ 
tion. A corporation is an association of individuals 
authorized by law to transact business as a single 
natural person. Railway companies, banks, char¬ 
tered cities and villages, and the counties of some 
States are corporations. 

Moral Rights and Duties. —Man is a moral being; 
that is, he is conscious of good and evil. Therefore 
he has moral rights and duties. 

He has rights of conscience, with which it is not 
the province of government to interfere. He natu¬ 
rally worships a Being superior to himself, and feels 
the obligation to deal justly with his fellow-men. He 
has a right to do and say all things which are not un¬ 
lawful or wrong within themselves. It is his right 
to worship when he pleases, whom he pleases, and as 
he pleases.^ 


RIGHTS AND DUTIES. 


167 


The moral rights and duties of the people are con¬ 
cerned in the maintenance of religion, the support 
of churches, in reverence for things sacred, in acts of 
charity and benevolence, in living an upright life, and 
in teaching lessons of morality, honesty, industry, and 
usefulness. Whatever is implied in the word ought, 
correctly used, is a moral duty. 

Political Rights and Duties.—By the social com¬ 
pact, men also agree to abandon a part of their natu¬ 
ral rights in order to participate in the government. 
They agree in part to be governed by others, in 
order that in part they may govern others. The 
rights of participation in the government, such as 
voting and holding office, are called political rights, 
because they affect the public policy of society. 

Political rights do not belong to men by nature, 
but are conferred by government. Within reasonable 
bounds, they may be enlarged or restricted without 
injustice. Since they are conferred by the govern¬ 
ment, the power to vote and to hold office is a privi¬ 
lege to be enjoyed rather than a right to be asserted. 

In the United States the political rights of the 
people are carefully set forth in the Constitution. 
The smallest functions of government, such as the 
size and color of a postage stamp, or the employment 
of a page in the State legislature, touch the political 
rights of the citizen. Appointment and elections to 
public office, the enactment of laws, and the perform¬ 
ance of public duties are questions of political con¬ 
cern. 

Good laws, good administrations, and the perpetu¬ 
ity of the government itself, depend upon the mam 


JUSTICE. 


168 

ner in which the people discharge their public duties. 
A man who habitually fails to vote and to take inter¬ 
est in the political affairs of his country may be a 
good man, but he is certainly a bad citizen. 

To be a good citizen is to aid intelligently in giving 
the people good government. For a man to hold 
himself aloof from politics, unless his action is based 
upon conscientious scruples, shows his interest in 
himself, and his lack of interest in his country. 

SUGGESTIVE QUESTIONS. 

1. Why does happiness depend upon the maintenance of 
rights ? 

2. How do persons born under government agree to be gov¬ 
erned by the laws ? 

3. If the claims of people as to their rights conflict, how is 
the difference settled ? 

4. What is meant by the phrase “ common carrier” ? 

5. Is it right for men to hold aloof from public affairs because 
there is corruption in politics ? 


CHAPTER XVII. 


LAW AND LIBERTY. 

Through law rights are secured, and the perform- 
ance of some duties is enforced. Law is a rule of 
action, prescribing what shall be done and what shall 
not be done. Laws exist for the purpose of securing 
the rights of the people. The enjoyment of rights is 
liberty. 

As the enjoyment of rights depends upon their 
security, arid as they are secured by law, therefore 
liberty is based upon law. Without law there cpuld 
be no political liberty, and the civil liberty of the 
people would be narrow and uncertain. It may be 
said, therefore, that there can be no true liberty with¬ 
out law; but laws may be so many and so stringent 
that there can be no liberty. Liberty and just laws 
are inseparable. 

Liberty and rights are of the same kinds, industrial^ 
social^ moral or religious, and political. The words 
“rights,” “law,” and “liberty” are full of meaning, 
and in a free country suggest ideas of the deepest 
reverence. 

Origin.—The laws of the country are partly human 
and partly divine. They were framed by man, but 
some of them are based upon the laws of God. Some 
are of recent origin, and many are so ancient that 
their beginning can not be traced. When men began 
to live in society, they began to make laws, for laws 

(169) 


170 


LAW AND LIBERTY. 


at once became necessary. Laws are undergoing con 
stant changes, as new conditions arise and new cus 
toms prevail. 


KINDS OF LAW. 

The moral law prescribes our duties to men, and also 
to God. It is summed up and revealed in the Ten 
Commandments, and is the same as the law of nature 
taught us by our consciences. 

The common consists of the principles and rules 
of action applied by the courts in cases not regulated 
by express legislative acts. It is the unwritten law 
which has been practiced for ages in England and the 
United States. In all States of the Union, except 
Louisiana, cases not covered by the acts of the legis¬ 
lature are tried by the common law. 

The civil law is the law that prevailed among the 
ancient Romans. It is still in use among most of 
the nations of continental Europe. In Louisiana it 
is applied to cases not covered by the laws of the 
legislature. The words civil law are sometimes used 
to denote the law governing civil suits. 

Statute law consists of the acts passed by legis¬ 
lative assemblies. The words are used to denote 
the opposite of common law. The enactment of a 
statute by a State legislature repeals the common 
law previously in force upon the same subject. 

hiternational law, often called the law of nations, 
consists of the rules and customs prevailing between 
civilized nations in their relations with one another. 
It is based upon the law of nature, the law of right 
and wrong. 


KINDS OF LAW. 


I71 


Criminal law is the law governing criminal cases. 
It is partly common law and partly statute law. 
“ Ignorance of the law excuses no one.” 

Parliajnentary law consists of the rules and cus¬ 
toms governing 'parliamentary assemblies. It pre¬ 
vails in all law-making bodies, in conventions and 
deliberative meetings. 

Martial law is the law which regulates men in 
military service. It prevails in the army and the 
navy. The courts which apply it are called courts 
martial. Martial law is noted for its severity. 

Maritime law, or marine law, is the law especially 
relating to the business of the sea, to ships, their 
crews, and navigation. The courts of maritime law 
are admiralty courts. 

Commercial law is a system of rules for the regula¬ 
tion of trade and commerce. It is deduced from the 
customs of merchants. 

Courts. —Laws are administered, that is, explained 
and applied, by means of courts. A court is a body 
organized for the public administration of justice. 
A court may consist of a single judge or justice, or 
of a number of judges acting together. 

A court can administer the laws only in cases 
which are brought before it. The highest court in 
the land can not make an order or render a judgment 
until the question comes to trial in a regular way. 

Suits. — Suits at law are called causes, cases, or 
actions. 

A civil cause is a suit between persons, brought to 
recover rights or to secure compensation for their 
infraction. 


72 


LAW AND LIBERTY, 


A criminal cause is a charge brought by a State or 
by the United States against a person for the com¬ 
mission of a crime. 

The plaintiff is the person who brings the suit. 
The defendant is the person against w'hom the suit is 
brought. 

In all criminal cases in State courts, the State is 
the plaintiff ; in other words, society prosecutes the 
offender in the name of the State. In criminal 
cases in the United States courts, the United States 
is the plaintiff. 

Judges. —The judge represents the majesty of the 
law, and is often called the court. He maintains the 
dignity of the trial, determines the method of pro¬ 
cedure, interprets the law, instructs the juries, ren¬ 
ders judgment, and in criminal cases passes sentence 
upon the offender. Judges are presumed to be 
learned in the law, and to be perfectly just and 
impartial in their rulings. 

Juries. —Most of the courts of this country have 
two juries, called respectively grand jury and trial 
jury (or petit jury). 

The purpose of the grand jury is to investigate 
crime, and to present charges, called indictments, for 
trial by the court. The number of grand jurors to 
the court varies in different States, being not more 
than twenty-four and not less than twelve. The 
grand jury has a foreman, elected by it, or appointed 
by the judge of the court. 

The grand jury inquires into violations of the law, 
and if, in the judgment of twelve jurors, the evidence 
in a particular case warrants a trial, a formal written 


KINDS OF LA W. 


m 


charge is prepared, and the foreman indorses thereon, 
true billy Upon this indictment the offender is 
tried by the court. 

In a few States grand juries are rarely if ever 
called, the indictment being found “ on information” 
or on evidence presented to a court commissioner. 

A trial jury usually consists of twelve men, but in 
some States a smaller number may be accepted by 
the judge of the court, in certain cases, by the agree¬ 
ment of the counsel upon the opposing sides. The 
trial jury hears the testimony and argument, and 
then decides upon the truth of the facts in dispute, 
and renders a verdict or decision in the suit, and in 
criminal cases convicts or acquits. 

In some States all the jurors must agree, or there 
is no verdict. In other States the jury may render 
a verdict by the agreement of less than the whole 
number of jurors. Under certain regulations a party 
to a suit may challenge^ that is, reject, a part or all of 
the jurors, and have others selected in their stead. 

Origin of Juries.—Grand juries and trial juries 
are of great antiquity. It is thought that they ex¬ 
isted among the Saxons in the north of Europe 
before they invaded and settled England, more than 
fourteen hundred years ago. The jury system and 
many other political institutions of the United States 
are derived from England. 

Both the grand jury and the trial jury are firmly 
grounded in this country, being recognized in the 
constitutions of nearly all the States and the Con¬ 
stitution of the United States, and are regarded as 
among the strongest supports of a free government. 


174 


LAW AND LIBERTY, 


Officers of Courts. —Each court has one or more 
ministerial officers, variously designated as constable, 
sheriff, tipstaff, or ^narshal. Each court also has one 
or more clerks, and sometimes other officers. Attor¬ 
neys are considered officers of the courts in which 
they practice. They usually represent the plaintiff 
and the defendant in court and are then called counsel. 

Legal Proceedings in civil cases begin by the court 
issuing a writ, at the instance of plaintiff, summoning 
defendant to appear. The defendant responding, 
pleadings are filed—the claims of plaintiff, and answer 
or demurrer of defendant. If these disagree as to 
facts, the court subpoenas witnesses. In the presence 
of judge and jury, the plaintiff states his case and the 
defendant his defense, witnesses are examined and 
cross-examined, and the case is argued. The judge 
then charges the jury—summarizing the evidence and 
indicating points to be decided ; the jury retire to 
prepare their verdict, which is announced and re¬ 
corded as the judgment of the court. 

In criminal cases the accused may be arrested on a 
grand jury indictment or a magistrate’s warrant. Un¬ 
less the crime is murder, the accused may be released 
upon bail until trial, which proceeds as in civil cases. 

SUGGESTIVE QUESTIONS. 

1. Why does the State prosecute offenses, instead of leaving 
this duty to private persons ? 

2. What is meant by passing sentence upon an offender? 

3. Do you believe in the jury system, or in the trial by several 
judges sitting together? Why? 

4. Have you ever seen a court in session ? 

5. In this State a grand jury has how many members ? 


CHAPTER XVIII. 

SUFFRAGE AND ELECTIONS. 

Suiifrage.—The most important political right is 
the right of suffrage; that is, the right to vote. As 
the government exists for the benefit of the gov¬ 
erned, the purpose of suffrage is to place it under 
their control. It gives each qualified voter a voice 
in public affairs, and places the country under the 
rule of the people. 

As the interests of the voters and their families are 
the same, and as the voters represent these interests, 
the whole people, including women and children, 
have an influence in the government. The whole 
machinery of the State and of the United States is 
in the hands of those who do the voting. 

Importance. —The importance of this right can 
scarcely be overestimated. It constitutes the differ¬ 
ence between a free country and a despotism. There 
can be no freedom unless the right to vote resides in 
the people; nor can there be good government unless 
this right is exercised with an intelligent regard for 
the public welfare. Yet vast numbers of voters never 
realize the power they wield or the great responsi¬ 
bility it entails upon them. 

Elections. —The right of suffrage is exercised by 
means of elections. An election is the direct method 
of ascertaining the will of the people upon public 
affairs. They are held for the purpose of giving 

( 175 ) 


1/6 


SUFFRAGE AND ELECTIONS. 


the people opportunity- to express their choice in 
the selection of officers, and thus to make known 
their will upon questions of public concern. 

Methods of Voting_There are two methods of 

voting—by ballot and viva voce. A man votes by 
ballot by handing to the election officers a slip of 
paper containing the names of the candidates voted 
for, and the office to which each aspires. The officers 
of the election deposit the ballots in a box called the 
ballot-box. A man votes viva voce by announcing to 
the officers the name of the candidate of his choice, 
and having it recorded upon the polling-list. 

The viva voce method was once considered the 
better ; but voting by ballot is rapidly growing in 
favor, and bids fair to become general throughout 
the United States. 

The Australian system provides at each polling- 
place a private apartment, called a booth, where each 
voter in private prepares his ballot from a printed 
list of all the candidates, and then hands it to the 
officers, who deposit it in the ballot-box.'^ 

Officers of Elections.—The officers of elections 
at each polling-place are usually two or more super¬ 
visors, inspectors, or judges; a clerk; and a sheriff, 
marshal, or other officer of the peace. 

The supervisors or inspectors decide who are en¬ 
titled to vote under the law, and when the election 
is by ballot they deposit the ballots in the ballot- 
box. 

The clerk makes a list of the names of voters, 


* For details regarding this system see Chapter XIX. 



ELECTIONS. 


177 

and when the election is viva voce he records the 
votes. 

The sheriff or other peace officer preserves order 
at the polls, has charge of the ballot-box and polling- 
list after the election closes, and delivers them to the 
proper authorities. 

In most States, at the close of the election the 
officers canvass^ that is, examine the votes cast, and 
certify the number of votes received by each candi¬ 
date. * 

In some States the ballot-box is sealed at the close 
of the election, and delivered to the canvassing board 
of the county. In such cases the canvassing board of 
the county canvasses the vote, and in State and na¬ 
tional elections sends returns to the canvassing board 
of the State at the State capital. 

In some States election officers are appointed by 
the county officers, usually by the county judge or 
probate judge; in other States they are elected by 
the people. 

Bribery.—Bribery in elections is one of the serious 
evils of politics. Bribery is offering or receiving a 
reward for voting. In most States, in addition to 
other penalties, persons convicted of giving or taking 
bribes are disfranchisedi that is, are not perpiitted to 
vote thereafter. In ancient Athens a man convicted 
of corrupting a voter suffered the penalty of death. 

The selling of a vote is regarded as one of the 
most infamous crimes that men can commit. Not 
even the conviction of theft so lowers a man in public 
esteem as a conviction of selling his vote, for bribery 
savors of both theft and treason. To sell his suffrage 


Pet. C. Go,—x2 


1/8 


SUFFRAGE AND ELECTIONS. 


is to sell his manhood, his country, and his convic- 
tions. Most men who sell their votes do it through 
ignorance; they are not aware of the enormity of 
the crime. He who knows its infamy, and yet bar¬ 
ters his suffrage for money, is unworthy of the small¬ 
est trust, or even of the recognition of honest men. 

SUGGESTIVE QUESTIONS. 

1. In what way are voters responsible for the government 

of the country 1 , 

2. Do you believe in frequent elections ? Why.? 

3. Do you believe in public voting or in secret voting ? 
Why? 

4. Why sl^ould election officers be fair and honest men ? 

5. Wha-'f do you think of vote-buying and vote-selling ? 


CHAPTER XIX. 


THE AUSTRALIAN BALLOT SYSTEM. 

Origin.—The idea of the secret ballot system, now 
known under its various modifications as the Austra¬ 
lian Ballot System, was first proposed by Francis S. 
Dutton, member of the legislature of South Australia 
from 1851 to 1865. that time the vices frequently 
accompanying open elections had begun to flourish 
in Australia. Bribery, intimidation, disorder, and 
violence were the order of all election days. The 
plan was elaborated, and became a law under the 
name of the “Elections Act” in 1857. 

The beneficial results of this method soon became 
evident to other countries, and the movement spread 
to Europe, Canada, and the United States. 

In the United States.—A similar system to that 
originally adopted in Australia was first introduced 
into the United States by its adoption by law in tho 
State of Massachusetts in 1888. Subsequently the 
legislatures of Indiana, Montana, Rhode Island, Wis¬ 
consin, Tennessee, Minnesota, Missouri, Michigan, 
Connecticut, and other States passed laws providing 
for new systems of voting, more or less resembling 
the Australian system. The city of Louisville, Ken¬ 
tucky, has also adopted this system for municipal 
elections. 

Principles.—Although there are many modifica¬ 
tions of detail in the statutes of the various States, 

(179) 


l8o the AUSTRALIAN BALLOT SYSTEM. 


there are two essential features of the ballot-reform 
system which are everywhere observed : 

First, An arrangement of polling, by which com¬ 
pulsory secrecy of voting is secured, and intimidation 
or corruption of voters is prevented. 

Second, One or more official ballots, printed and 
distributed under authority, on which the names of 
all candidates are found. 

Requirements. —The following are the require¬ 
ments of the system : Ballots must be provided by 
public expense, and none but these ballots may be 
used. On these ballots should be printed the names 
of all candidates who have been nominated previously 
to the election, with the names of the offices for 
which they have been nominated and of the parties 
they represent. 

There are two forms of ballots : the blaiiket ballot 
and the individual ballot. The former is arranged in 
some States so as to group candidates by parties, and 
in other States by the offices for which they are nom¬ 
inated. In many cases the names of candidates are 
alphabetically arranged, so that there can be no accu¬ 
sation of giving one party or candidate precedence as 
to position on the ticket. In a few cases, the name 
of the party to which the candidate belongs does not 
appear on the ballot at all, but only the name of the 
office for which he has been nominated ; but in most 
cases the name of each party is printed either at the 
head of the ticket or opposite the name of each can¬ 
didate, or in both places. 

Where individual ballots are used, a separate ballot 
is printed for each party or independent ticket. 


THE AUSTRALIAN BALLOT SYSTEM. igl 

Voting. —Special sworn clerks are engaged to dis¬ 
tribute these ballots to voters at the polls. 

The voter is allowed a limited time—say five or 
ten minutes—to retire into an election booth erected 
for the purpose, to make his choice of candidates or 
ballots. If the blanket ballot is in use, he does this 
by placing a cross opposite the name of the desired 
candidate or list of candidates; or by crossing out 
all others; or by means of pasters for the substitu- 



ARRANGEMENT OF POLLING PLACE AS REQUIRED BY MASSACHUSETTS LAW. 


tion of names. If individual ballots are provided, 
he selects the one he prefers, or corrects it to his 
liking by pasting upon it a single name or an entire 
ticket. If he prefers, he may write the names of 
candidates of his own nomination in place of those 
already printed. He, then, without communicating 
with any one, deposits his ballot as his vote. Only 
one man is allowed to enter a booth at a time, and 




































i82 


THE AUSTRALIAN BALLOT SYSTEM. 


none but the ballot clerks and the man about to 
deposit his ballot are allowed within the enclosure 
erected for the purpose. 

In most States the booths are separated one from 
the other merely by partitions, as indicated in the 
cut; but in a few States each booth is a separate 
compartment with a door, which is closed to prevent 
even a suspicion of any external observation. 

In many States, assistance is rendered to the illit¬ 
erate or the blind. In some cases, in order to aid 
those who can not read, each party adopts a device, 
as an eagle or a flag, which is printed on the ballot. 
In most States a voter who declares that he can not 
read, or that by some physical disability he is unable 
to mark his ballot, may receive the assistance of one 
or two of the election officers in marking it. 

Every ballot must be strictly accounted for. If 
any person in preparing a ballot should spoil it, he 
may obtain others, one at a time, not exceeding three 
in all, provided he returns each spoiled one. All bal¬ 
lots thus returned are either immediately burned or 
else cancelled and preserved by the clerk. 

Advantages. —The advantages which have already 
accrued from the adoption of these laws are manifold : 

Firsfj A secret ballot offers an effectual preventive 
against bribery, since no man will place his money 
corruptly without satisfying himself that the vote is 
placed according to agreement. 

Second, It secures the voter against the coercion, 
solicitation, or intimidation of others, and enables 
him to vote according to the dictates of his con¬ 
science. 


THE AUSTRALIAN BALLOT SYSTEM. 


83 


Third, Bargaining and trading at the polls is pre¬ 
vented, and with these much tumult, riot, and dis¬ 
order must of necessity disappear. 

Fourth, Money is made less of a factor in politics, 
and the poor man is placed on a plane of equality 
with the rich as a candidate. 

In addition to these obvious advantages, the ballot 
reform movement promises to have much wider ef¬ 
fects, and to pave the way and lay the foundation for 
other political reforms. 

Forms of Ballots. —On pages 185, 186, and 187 
are given forms of ballots and other matter illustrating 
various methods employed in carrying out the ballot 
laws of the States. It will be observed that each of 
these three ballots is representative of a different 
method. 

First, In the Louisville ballot, ho party name ap¬ 
pears, and the ballots are numbered consecutively to 
prevent duplication or fraud of any kind. On this 
form of ballot, which most resembles that used in 
Australia, the individual candidate is made promi¬ 
nent, and party connection does not appear at all. 

Second, In the Massachusetts ballot, the names of 
the candidates are grouped according to office, but in 
addition to this, the party name appears opposite the 
name of each candidate. On this form of ballot, 
while the party connection of each candidate is indi¬ 
cated, greater prominence is given to the individual, 
and the voter is required to make choice of a candi¬ 
date for each office separately. He cannot vote a 
straight ticket by a single mark. 

Third, In the hidiana ticket, the names are grouped 


184 the AUSTRALIAN BALLOT SYSTEM. 

according to party, not according to office, the party 
name appearing at the head of the ballot as well as 
at the side of each name. On this form of ballot, 
the party connection of the candidate is made most 
prominent, and while provision is made for voting 
for individuals representing different parties, still the 
voting of a straight ticket is made most easy. 

Some one of these three forms is almost universally 
used wherever the ballot reform has been adopted. 

A fourth form, namely, that of the individual ballot 
as used in the State of New York, can not be here 
shown, as a separate ballot is required for each party 
candidate or each independent nomination. These 
separate ballots are all ojficial, and are furnished at 
public expense; but the use of an unofficial ballot is 
practically allowed, since the voter is permitted to 
take to the voting booth a paster ballot containing a 
complete party ticket, printed and furnished at party 
expense. This he can paste over the official ballot 
and deposit as his vote. 


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NOTE.—Persons desiring to vote a straight ticket, need only cancel the abbreviation before the name of the party, with the stamp provided 
in the polling booth, but those who wish to vote for special names on various party tickets, must cancel the abbreviation before each such name. 






































































THE AUSTRALIAN BALLOT SYSTEM. 


188 


* SUGGESTIVE QUESTIONS. 

1. What is meant by the Australian ballot system ? 

2. Name some places in the United States in which a simi« 
lar system of reform has been adopted. 

3. What are the essential principles of the system ? 

4. What are the necessary requirements for carrying out 
the law ? 

5. What is the object in providing official ballots ? 

6. Describe two kinds of polling booths used. 

7. What are the obvious advantages of the reform ? 

8. Describe the characteristic forms of ballot used in various 
States which have adopted the reform. 

9. Name one place in the United States where each form is 
used. 

10. Compare the Louisville ballot with the Massachusetts 
ballot, and note their differences. 

11. Compare the Louisville ballot with the Indiana ballot. 

12. In what respects do the Massachusetts and Indiana 
ballots differ ? 


QUESTION FOR DEBATE. 

Which system of voting is likely to secure the best public 
officers: that represented in the Louisville ballot, in the 
Massachusetts ballot, or in the Indiana ballot ? 


CHAPTER XX. 


PARTIES AND PARTY MACHINERY. 

Wherever the right to vote exists, the people 
naturally form themselves into political parties. 

A political party is an organization of voters main¬ 
tained for the purpose of impressing its principles 
upon the public policy of the country. Men have 
divers views as to the duties, scope, and proper meas¬ 
ures of the government, and these divers views lead 
to the formation of opposing parties. In a free 
country the majority must rule, and parties are the 
means by which majorities are ascertained. 

Origin. —Parties usually grow out of questions of 
legislation, rather than out of questions of executive 
management or judicial interpretation. In other 
words, a party is formed to influence the passage of 
laws, rather than their execution or their application 
by the courts. But, when parties are once formed, 
they usually extend their influence tq the selection 
of officers of all grades and all departments, even the 
least important officials of a township or civil district. 

The presidential election has come to be the most 
exciting and bitter of all political contests, because 
of the large influence which the President exerts 
upon national legislation, and because of the im¬ 
mense patronage of his office. 

Necessity. —Parties appear to be a necessity in 
all free governments. They serve as check upon 

(189) 


190 


PARTIES AND PARTY MACHINERY, 


one another, as the party in power is responsible for 
the public policy of the country. If the people are 
dissatisfied with the party in power, they can dis¬ 
place it and elect another in its stead. Parties are 
therefore placed upon their good behavior, and made 
to feel their responsibility to the people. 

If there were no party organizations, many of the 
views of a candidate would not be known, and there 
could be no assurance that he would be true to the 
interests of the majority electing him. The fact 
that a public man is a member of a certain party 
shows many of the views which he entertains and 
the principles which he may be expected to support. 

Party government is often bad, but as the party 
is responsible for the conduct of all officers elected 
by it, party government, especially in legislative af¬ 
fairs, is better than personal government, in which 
no one but the officer himself is responsible for his 
official conduct. 

Party Machinery. —The machinery of parties in 
this country is very complex, and is closely inter¬ 
woven with our system of government. Each party 
must select candidates for the various offices in the 
gift of the people, in order that it may exert its 
greatest power in elections and in public affairs. 
The people in each party must have a voice in the 
selection of candidates for township offices, district 
offices, county offices. State offices, and President 
and Vice President of the United States. Therefore 
each party has a system of committees, conventions, 
primary elections, and caucuses, for ascertaining the 
choice of its members for these various offices. 


PARTY MACHINERY.. 


I9I 

Parties and party machinery are not generally 
provided for in the law, but they exist by a custom 
almost as old as the government, and are firmly fixed 
in our political system. 

Committees. —Each of the great parties has a 
national committee, consisting of one member from 
each State and Territory, chosen by its national con¬ 
vention. The national committee is the chief execu¬ 
tive authority of the party. It calls the national 
convention, fixes the time and place for holding it, 
and the representation to which each State and 
Territory is entitled. It appoints a sub-committee 
of its members, called the campaign or executive 
committee, which conducts the political canvass or 
campaign, for the party. 

The campaign committee distributes pamphlets, 
speeches, newspapers, and other political documents 
among the voters of the country ; selects public speak¬ 
ers ; makes appointments for them to speak; arranges 
for party meetings; collects funds to bear the expenses 
of the campaign, and has a general oversight of the 
party work in all the States. 

Each party also has a State committee in each 
State, usually consisting of a member from each 
congressional district, in some States consisting of a 
member from each county ; a district committee in 
each congressional, judicial, senatorial, and represen¬ 
tative district, consisting of a member from each 
county composing the district; a county committee, 
consisting of a member from each township or civil 
district; and in some States, various other commit¬ 
tees. 


192 


PARTIES AND PARTY MACHINERY, 


Each of these committees performs for the divis¬ 
ion for which it is selected duties similiar to those 
which the national committee performs for the 
whole Union. 

Conventions. —The usual method of ascertain¬ 
ing the choice of a party in the selection of can¬ 
didates, especially for the higher offices, is by a 
convention. 

A political convention is an assemblage of the voters 
of a party, either in person or by representatives 
called delegates. If the voters assemble in person, 
the convention is called a primary or mass meeting. 

The purpose of a convention may be to select can¬ 
didates for office, to send delegates to a higher con¬ 
vention, to adopt a declaration of principles, or to 
decide upon a party policy. It is common for two 
or more of these purposes to come before the same 
convention. 

Calling Conventions. —In the year of the presiden¬ 
tial election, the national committee calls a national 
convention, naming the time and place, and the repre¬ 
sentation of each State. The State committee calls 
a State convention to send delegates to the national 
convention ; and, if a State election is approaching, 
it may direct that the convention shall also select 
candidates for State offices. In response to this call, 
the county committees order county conventions in 
all the counties of the State to send delegates to the 
State convention, and perhaps to select candidates 
for county offices. In some States the township 
committees order township conventions in all town¬ 
ships for the purpose of sending delegates to the 


PARTY MACHINERY. 


193 

county conventions, and perhaps to name candidates 
for township offices. 

It will be seen that the calling of the various con¬ 
ventions connected directly or indirectly with the 
selection of candidates for President and Vice Presi¬ 
dent proceeds from the highest, downward. The 
same order is observed in other conventions, the call 
always beginning with the highest committee con¬ 
cerned and proceeding to the lowest. 

Local and State Conventions. —The order of 
holding a system of conventions reverses the order 
of their call. It proceeds from the lowest to the 
highest. The township holds a convention and sends 
delegates to the county convention. The county 
convention sends delegates to the State convention, 
and the State convention sends delegates to the 
national convention. 

In case a convention is called in a district com¬ 
posed of several counties, the delegates from the 
counties assemble at a point selected by the district 
executive committee. 

National Convention. —A national convention is 
an important assemblage. It contains many distin¬ 
guished men, and exerts a great influence upon the 
political history of the country. A national conven¬ 
tion usually consists of more than eight hundred 
delegates, there being four delegates from each State, 
two from each congressional district in the Union, 
and two from each Territory. 

In the selection of delegates to the national con¬ 
vention, the State convention as a body selects four, 
representing the two United States senators, and the 

Pet. C. Go.— la 


194 


PARTIES AND PARTY MACHINERY. 


members of the convention from each congressional 
district select two, representing the lower house of 
Congress. For each delegate the State convention 
also selects an alternate delegate^ who attends the 
national convention in case the regular delegate can 
not be present. 

The national convention is called to order by the 
chairman of the national committee. It then elects 
a temporary chairman, and afterward a permanent 
president. The convention appoints the national 
committee, calling upon the delegation from each 
State to name its member; adopts a declaration of 
principles, called a platform, for the approaching 
campaign ; nominates candidates for President and 
Vice President, and performs various other work con¬ 
nected with the party organization. 

Platform. —The declaration of party principles 
adopted and issued by a convention is called a plat^ 
form, and each separate statement of a principle is 
popularly called a plank. 

The platform is an announcement of the policy to 
be pursued by the party if its candidates are elected, 
and is presumed to contain all the important princi¬ 
ples upon which the voters of the party are agreed. 
Upon these principles the party claims the right to 
administer the public affairs of the country. 

The platforms of State and local conventions are 
usually based upon the national platform of the same 
party, but also contain statements of principles upon 
local questions. 

Nominations. —To nominate a candidate is to 
name him for office ; that is, to place his name before 


PARTY MACHINERY. 


195 


the public. The person nominated is called the 
nominee, and all the nominees for a certain election 
constitute a ticket. 

A nomination usually secures to a candidate the 
general support of the party. Voters may vote for 
other persons than the nominees, but the great body 
of voters usually support the tickets of their respect¬ 
ive parties. Nomination serves to prevent a great 
number of candidates, and thus simplifies the election. 

Primary Elections. — Candidates for township, 
county, and district offices are frequently chosen by 
means of primary elections. 

A prunary election is an election in which the mem¬ 
bers of a party express their choice for candidates for 
office. None but the members of the party holding 
it can vote in a primary election. Many persons 
prefer the primary to a convention, believing the 
former to be a fairer and more impartial method of 
ascertaining the choice of the party. The voting is 
sometimes by ballot and sometimes viva voce. 

In some States primary elections are under the 
control of the law, and are guarded by the same 
restrictions that pertain to other elections. 

Caucuses. —A meeting composed of the members 
of a legislative body who are of -the same party, and 
assembled for party purposes, is called a caucus. 
Ward conventiofis in cities are sometimes called by 
the same name. 

The usual purpose of a caucus is to nominate can¬ 
didates for offices within the gift of the legislative 
body, or to consider questions of legislation. A 
caucus elects a chairman and other officers, but 


Iq5 parties and party machinery. 


rarely if ever adopts a platform of principles. The 
great political parties of the country have caucuses 
in each branch of Congress, and usually in the legis¬ 
latures of the several States. 

SUGGESTIVE QUESTIONS. 

1. Name the great parties that have existed in the United 
States. 

2. Who are the respective chairmen of the national executive 
committees of the two great parties ? 

3. Read the last national platforms of the two great parties. 

4. Which do you like better, primary elections or conven¬ 
tions ? Why? 

5. Should a member of a legislative body be influenced in 
his vote by the decision of the caucus of his party ? 


CHAPTER XXL 


LEGISLATION. 

Legislation, the act or process of making laws, is 
the most important function of government. It 
is the most important, because it is the first step, and 
the enforcement and interpretation of laws depend 
upon their enactment. The laws of a country should 
be as few in number, as simple in construction, and as 
uniform in their application, as will meet the needs of 
the people. It is a great misfortune for the laws 
to bear unequally upon the people ; to grant special 
privileges to one class, or to impose special hardships 
upon another class. 

The great variety and volume of laws made by the 
national and the State legislatures of the United 
States have led to a close study of legislation. In no 
other country is the process of making laws so thor¬ 
oughly mastered, or parliamentary law so generally 
understood. 

Bills.—The process of enacting a law, from its in¬ 
troduction to its final approval, is an intricate and 
interesting study. Until its passage and final ap¬ 
proval, a measure is called either a bill ox 2. resolution. 

Bills and resolutions are very similar, the latter 
usually being simpler, and beginning with the words. 
Be it resolved ” or simply “ Resolved,” while the 
former begin with the words, “ Be it enacted.” A 
joint resolution as well as a bill requires the concur- 

(197) 


198 


LEGISLA TION, 


rence of both houses of a legislative assembly to make 
it a law. 

Introduction. —The introduction of a Ijdl is the 
first presentation of it to a legislative body for action. 
This is usually done by asking “ leave ” of the body, 
either orally or in writing, to bring the measure before 
it. This leave to present is rarely if ever refused. 

The rules require that after its introduction it shall 
be three times read aloud before its passage. These 
three readings do not refer to readings for informa¬ 
tion as to its provisions. The constitutions of nearly 
all States require that the three readings shall be on 
three different days ; but in most of them this rule 
may be suspended by a two thirds, three fourths, 
four.fifths, or unanimous vote, the requisite majority 
varying in different States. 

Committees. —When a bill or resolution is intro¬ 
duced, it is usual to refer it to a committee for a 
critical consideration. A committee usually consists 
of from three to thirteen members, of whom the first 
named is usually chairman, presumably selected for 
their knowledge of the subjects to come before them. 

K standing committee lasts during the entire session. 
Most legislative bodies have from twenty to forty 
standing committees. 

A special or select committee is raised for a special pur¬ 
pose, and is usually adjourned when its report is made. 

A committee of the whole consists of all the mem¬ 
bers of a body sitting as a committee. In commit¬ 
tees of the whole the regular presiding officer usually 
vacates the chair, calling some other member of the 
body to act as chairman. The principal part of the 


LEGISLA riON. 


199 


work of a legislative body is perfected by its commit¬ 
tees. They discuss the merits and demerits of bills, 
and perfect such as, in their judgment, should pass. 

Reports. —The committee to whom a bill has been 
referred critically examines it, and usually reports it 
to the body, either favorably or unfavorably, recom¬ 
mending that it should pass or should not pass. If 
the members of a committee are equally or nearly 
equally divided as to the merits of the bill, it may be 
reported without an expression of opinion. 

When important bills are reported by a commit¬ 
tee they are usually discussed by the members of the 
body. The debate on the measure usually brings 
out the reasons for, and those against, its passage. 
Many bills are several times recommitted—that is, 
again referred to a committee—before their passage. 

In some legislative bodies, especially in the Con¬ 
gress of the United States, a great many bills are 
pigeon-holed by committees; that is, are filed away and 
never reported. The reports of the committees, 
whether favorable or unfavorable, are usually adopted 
by the body, and therefore have an important bearing 
upon legislation. 

Amendments. —In most legislative bodies a bill 
may be amended at the pleasure of the majority, 
before it is read the third time. Amendments are 
made for the purpose of perfecting the measure. A 
bill may be amended by striking out some of its pro¬ 
visions, by striking out and inserting, or by inserting. 

A bill passed by one house of a legislature may be 
amended by the other house, but, if amended, must 
be returned with the amendment to the house in 


200 


LEGISLA TJON. 


which it originated, in order that the amendment 
may be considered. If one house amends and the 
other refuses to accept, the bill is often referred to 
a conference committee of members of both houses. 
If this does not secure agreement, and both adhere 
to their original action, the bill fails. 

Passage. —When a bill passes the house in which 
it originated, the clerk transmits and reports it to 
the other house for action. The house to which it is 
transmitted may pass it without commitment, but usu¬ 
ally refers it to a committee, and, when reported, may 
pass it or reject it, or amend it and return it with the 
amendment to the house in which it originated. 

When passed by both houses, the bill is enrolled 
—that is, rewritten without blots or erasures—and 
transmitted to the President or governor, as the case 
may be, for his approval. If approved and signed, or 
if not returned within a fixed time, the bill becomes a 
law. If vetoed, it must be again considered by both 
bodies, and is lost unless again passed by each, and in 
Congress and in many States by a two thirds vote. 

SUGGESTIVE QUESTIONS. 

1. Obtain from any convenient source and present in the 
recitation a sample of a bill, and also of a resolution. 

2. Why should a bill have three separate readings on three 
different days ? 

3. Why is the report of a committee generally adopted by the 
body ? 

4. Why are chairmanships of committees usually much sought 
after in legislative bodies ? 

5. Present in the recitation a copy of the report of a legisla¬ 
tive committee upon some subject. 


CHAPTER XXIL 


REVENUE AND TAXATION. 

Revenue. —The regulation of revenue and tax¬ 
ation is one of the most important and difficult 
questions of government. One of the wisest of 
modern statesmen has said that the management of 
finance is government. 

Government, whatever its form, is an intricate and 
expensive machine, and therefore sure and ample 
sources of revenue are as necessary to it as blood is 
to the human body. The necessary expenses of a 
local community, such as a village, a city, or a county, 
are heavy; while those of a State are immense, and 
those of a nation almost beyond conception. These 
expenses must be promptly met, or the government 
becomes bankrupt, lacking in respect, without power 
to enforce its rights even among its own people, and 
finally ceases to exist. 

Taxation. —The chief source of revenue in all 
governments is taxation. A tax is a portion of 
private property taken by the government for public 
purposes. Taxatioit^ the act of laying taxes, is re¬ 
garded as the highest function of government. It is 
also one of the most delicate, because it touches the 
people directly, and is therefore frequently the cause 
of discontent among the masses. 

The government makes no direct return to the 

(201 ) 


202 


REVENUE AND TAXATION. 


citizen for the taxes it exacts, and in this respect 
only does taxation differ from the exercise of the 
right of eminent domain. How much revenue must 
be raised ? what articles should be taxed ? what should 
be the rate of taxation ? are questions that concern 
every government. 

As a person may be at the same time a citizen of 
a village, a township, a county, a State, and the 
United States, so he may, during the same year, pay 
a separate tax to each of these five governments. 

Necessity of Taxation. —Taxation is one of the 
necessary burdens of society. A government as well 
as an individual must have money to pay its ex¬ 
penses, and the principal part, if not all, of this 
money must be raised by taxation of one kind or 
another. Men may differ as to the kind and the rate 
of taxation, but taxes must be paid in order that 
government may exist. The tax payer receives no 
immediate return for his taxes, but has a constant 
return in the way of protection to life, liberty, and 
property, the enjoyment of public conveniences, and 
the improvement of society. 

By means of taxes each person bears his part in 
the cost of maintaining the social compact. He 
gives up a portion of his property in order that what 
remains may be the more secure and valuable, and 
that he may enjoy many other blessings that would 
otherwise be impossible. Although the rate is 
often high, even higher than necessary, it is safe 
to say that every tax payer of the country receives 
from the government more than he contributes by 
taxation. 


TAXA TION. 


203 


Taxes are direct or indirect. 

Direct Taxes.—A direct tax is levied directly 
at a given rate upon property or polls. Taxes levied 
by villages, towns, townships, cities, counties, and 
States are for the most part direct taxes. 

A poll tax is levied upon the polls, or heads, of the 
male inhabitants who have attained a certain age, 
usually twenty-one years. 

A property tax, as the name indicates, is levied 
upon property. Property is of two kinds, real and 
personal. 

Real property, usually called real estate, consists of 
lands and buildings. 

Personal property is that which can be moved from 
place to place, and includes everything that a person 
can own except real estate. 

In all systems of taxation, much real estate, such 
as churches, cemeteries, tombs, colleges, universities, 
charitable institutions, and public buildings of the 
State and the United States, is exempt from pay¬ 
ment of taxes. 

Five times in its history—namely, in 1798, 1813, 
1815, 1816, and 1861—the United States levied a 
direct tax upon the people, but in each case the law 
was in force but a single year. From 1861 to 1871 
there was also an incofne tax; that is, a tax of a given 
per cent, upon all annual incomes that exceeded a 
certain amount. 

Indirect Taxes.—An indirect tax \'s> assessed upon 
the property of one person, but is indirectly paid by 
another. The owner of the property at the time of 
assessment pays the tax to the government, but ,a 


204 


REVENUE AND TAXATION 


part or all of the tax is ultimately paid by the con¬ 
sumer of the goods. All taxes now levied by the 
national government are indirect. 

The indirect taxes levied by the national govern¬ 
ment are customs^ or duties^ and internal revenue. 

Customs, or Duties.— Customs, or duties, are taxes 
levied upon certain goods imported from foreign 
countries. The Constitution prohibits the taxation 
of exports. 

The schedule or list of articles taxed and of duties 
to be paid is called the tariff. Custom dues are 
collected by officers of the national government at 
the custom-houses, located at the ports of entry, 
usually, but not always, on or near the sea-coast. By 
far the larger portion of the national revenue is de¬ 
rived from customs. 

Internal Revenue.— Internal revenue, sometimes 
called excise, is a tax levied upon certain articles pro¬ 
duced in this country, such as tobacco and spirituous 
liquors. It is collected by officers of the national 
government, called collectors, stationed in different 
parts of the country. 

SUGGESTIVE QUESTIONS. 

1. Name some of the items of expense in village gov¬ 
ernment. 

2. In township government. 

3. In city government. 

4. In county government. 

5. In State government. 

6. In national government. 

7. What is the rate of property taxation in this country? 

8. What is the rate in this State ? 

9. Where is the nearest custom-house ? 


CONSTITUTION OF THE UNITED STATES. 


PREAMBLE. 

We, the people of the United States, in order to form a more per- 
feet union, establish justice, insure domestic tranquillity, provide for 
the common defense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 

ARTICLE I. Legislative Department. 

Section I. Congress in General. 

All legislative powers herein granted shall be vested in a Congress 
of the United States, which shall consist of a Senate and House of 
Representatives. 

Section II. House of Representatives. 

Clause I. The House of Representatives shall be composed of mem¬ 
bers chosen every second year by the people of the several states ; and 
the electors in each state shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

Clause 2. No person shall be a representative who shall not have 
attained to the age of twenty-five years, and been seven years a citizen 
of the United States, and who shall not, when elected, be an inhab¬ 
itant of that state in which he shall be chosen. 

Clause 3. Representatives and direct taxes shall be apportioned 
among the several states which may be included within this Union, 
according to their respective numbers, which shall be determined by 
adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress of the United 
States, and within every subsequent term of ten years, in such manner 
as they shall by law direct. The number of representatives shall not 
exceed one for every thirty thousand, but each state shall have at least 
one representative ; and until such enumeration shall be made, the 
state of New Hampshire shall be entitled to choose three, Massachu¬ 
setts eight, Rhode Island and Providence Plantations one, Connec¬ 
ticut five. New York six. New Jersey four, Pennsylvania eight, Dela¬ 
ware one, Maryland six, Virginia ten, North Carolina five, South 
Carolina five, and Georgia three. 

Clause 4. When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of election to 
fill such vacancies. 


(205) 



2 o6 


CIVIL GOVERNMENT. 


Clause 5. The House of Representatives shall choose their speaker 
and other officers, and shall have the sole power of impeachment. 

Section III, Senate. 

Clause I. The Senate of the United States shall be composed of 
two senators from each state, chosen by the Legislature thereof for 
six years, and each senator shall have one vote. 

Clause 2. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided, as equally as may be, into 
three classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year, of the second class at the 
expiration of the fourth year, and of the third class at the expiration 
of the sixth year, so that one-third may be chosen every second year ; 
and if vacancies happen, by resignation or otherwise, during the recess 
of the Legislature of any state, the executive thereof may make tem¬ 
porary appointments until the next meeting of the Legislature, which 
shall then fill such vacancies. 

Clause 3. No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that state 
for which he shall be chosen. 

Clause 4. The Vice-president of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally divided. 

Clause 5. The Senate shall choose their other officers, and also a 
president pro tempore, in the absence of the Vice-president, or when 
he shall exercise the office of President of the United States. 

Clause 6. The Senate shall have the sole power to try all impeach¬ 
ments. When sitting for that purpose, they shall be on oath or affirm¬ 
ation. When the President of the United States is tried, the chief 
justice shall preside ; and no person shall be convicted without the 
concurrence of two-thirds of the members present. 

Clause 7. Judgment in case of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy any 
office of honor, trust, or profit under the United States ; but the party 
convicted shall, nevertheless, be liable and subject to indictment, 
trial, judgment, and punishment according to law. 

Section IV. Both Houses. 

Clause I. The times, places, and manner of holding elections for 
senators and representatives shall be prescribed in each state by the 
Legislature thereof; but the Congress may at any time, by law, make 
or alter such regulations, except as to the place of choosing senators. 

Clause 2. The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Section V. The Houses separately. 

Clause I. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each shall 


CONSTITUTION OF THE UNITED STATES. 207 


constitute a quorum to do business ; but a smaller number may ad¬ 
journ from day to day, and may be authorized to compel the attend¬ 
ance of absent members, in such manner and under, such penalties as 
each house may provide. 

Clause 2. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member. 

Clause 3. Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as may in 
their judgment require secrecy ; and the yeas and nays of the members 
of either house, on any question, shall, at the desire of one-fifth of 
those present, be entered on the journal. 

Clause 4. Neither house during the session of Congress shall, with¬ 
out the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

Section VI. Disabilities of Members. 

Clause I. The senators and representatives shall receive a com¬ 
pensation for their services, to be ascertained by law, and paid out of 
the treasury of the United States. They shall in all cases, except 
treason, felony, and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, and 
in going to or returning from the same ; and for any speech or de¬ 
bate in either house, they shall not be questioned in any other place. 

Clause 2, No senator or representative shall, during the time for 
which he was elected, be appointed to any civil office under the au¬ 
thority of the United States, which shall have been created, or the 
emoluments whereof shall have been increased, during such time ; 
and no person holding any office under the United States shall be a 
member of either house during his continuance in office. 

Section VII. Mode of passing Laws. 

Clause I. All bills for raising revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur with 
amendments, as on other bills. 

Clause 2. Every bill which shall have passed the House of Repre¬ 
sentatives and the Senate shall, before it become a law, be presented 
to the President of the United States ; if he approve, he shall sign it ; 
but if not, he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objections at large 
on their journal, and proceed to reconsider it. If, after such recon¬ 
sideration two-thirds of that house shall agree to pass the bill, it shall 
be sent, together with the objections, to the other house, by which it 
shall likewise be reconsidered, and if approved by two-thirds of that 
house, it shall become a law. But in all such cases the votes of both 
houses shall be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on the journal 
of each house respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall have been 


2 o8 


CIVIL GOVERNMENT. 


presented to him, the same shall be a law in like manner as if he had 
signed it, unless the Congress by their adjournment prevent its return, 
in which case it shall not be a law. 

Clause 3. Every order, resolution, or vote to which the concurrence 
of the Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President of 
the United States ; and before the same shall take effect, shall be ap¬ 
proved by him, or, being disapproved by him, shall be repassed by 
two-thirds of the Senate and House of Representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Section VIII. Powers granted to Congress. 

The Congress shall have power— 

Clause I. To lay and collect taxes, duties, imposts, and excises, to 
pay the debts and provide for the common defense and general welfare 
of the United States ; but all duties, imposts and excises shall be 
uniform throughout the United States; 

Clause 2. To borrow money on the credit of the United States ; 

Clause 3. To regulate commerce with foreign nations, and among 
the several states, and with the Indian tribes ; 

Clause 4. To establish a uniform rule of naturalization and uniform 
laws on the subject of bankruptcies, throughout the United States ; 

Clause 5. To coin money, regulate the value thereof and of foreign 
coin, and fix the .standard of weights and measures ; 

Clause 6. To provide for the punishment of counterfeiting the securi¬ 
ties and current coin of the United States ; 

Clause 7. To establish post-offices and post-roads ; 

Clause 8. To promote the progress of science and useful arts, by 
securing for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries ; 

Clause 9. To constitute tribunals inferior to the Supreme Court; 

Clause 10. To define and punish felonies committed on the high 
seas, and offenses against the law of nations ; 

Clause II. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water ; 

Clause 12. To raise and support armies ; but no appropriation of 
money to that use shall be for a longer term than two years ; 

Clause 13. To provide and maintain a navy ; 

Clause 14. To make rules for the government and regulation of the 
land and naval forces ; 

Clause 15. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions ; 

Clause 16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be employed in 
the service of the United States, reserving to the states respectively the 
appointment of the officers and the authority of training the militia 
according to the discipline prescribed by Congress ; 

Clause 17. To exercise exclusive legislation, in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by cession of 


CONSTITUTION OF THE UNITED STATES. 


209 


particular states and the acceptance of Congress, become the seat of 
government of the United States, and to exercise like authority over all 
places purchased, by consent of the Legislature of the State in which 
the same shall be, for the erection of forts, magazines, arsenals, dock¬ 
yards, and other needful buildings ; and 

Clause 18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United States, or 
in any department or officer thereof. 

Section IX. Powers denied to the United States. 

Clause I. The migration or importation of such persons as any of the 
states now existing shall think proper to admit, shall not be prohibited 
by the Congress prior to the year one thousand eight hundred and eight ; 
but a tax or duty may be imposed on such importation, not exceeding 
ten dollars for each person. 

Clause 2. The privilege of the writ of habeas corpus shall not be sus¬ 
pended unless when, in case of rebellion or invasion, the public safety 
may require it. 

Clause 3. No bill of attainder, or ex-post-facto law, shall be passed. 

Clause 4. No capitation or other direct tax shall be laid, unless in pro¬ 
portion to the census or enumeration herein before directed to be taken. 

Clause 5. No tax or duty shall be laid on articles exported from any 
state. 

Cla 7 ise 6. No preference shall be given by any regulation of com¬ 
merce or revenue to the ports of one state over those of another; nor 
shall vessels bound to or from one state be obliged to enter, clear, or 
pay duties in another. 

Clause 7. No money shall be drawn from the treasury but in conse¬ 
quence of appropriations made by law ; and a regular statement and 
account of the receipts and expenditures of all public money shall be 
published from time to time. 

Clause 8, No title of nobility shall be granted by the United States ; 
and no person holding any office of profit or trust under them shall, with¬ 
out the consent of the Congress, accept of any present, emolument, 
office, or title of any kind whatever, from any king, prince, or foreign 
state. 

Section X. Powers denied to the States. 

Clause I. No state shall enter into any treaty, alliance, or confedera¬ 
tion ; grant letters of marque and reprisal ; coin money ; emit bills of 
credit ; make any thing but gold and silver coin a tender in payment 
of debts ; pass any bill of attainder, ex-post-facto law,or law impairing 
the obligation of contracts ; or grant any title of nobility. 

Clause 2. No state shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports except what may be absolutely 
necessary for executing its inspection laws ; and the net produce of all 
duties and imposts laid by any state on imports or exports shall be for 
the use of the treasury of the United States ; and all such laws shall 
be subject to the revision and control of the Congress. 

Pet. C. Go.—14 


210 


CIVIL GOVERNMENT. 


Clause 3. No state shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another state or with a foreign 
power, or engage in war, unless actually invaded, or in such imminent 
danger as will not admit of delays. 

ARTICLE II. Executive Department. 

Section I. President and Vice-president. 

Clause I. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term of 
four years, and, together with the Vice-president, chosen for the same 
term, be elected as follows : 

Clause 2. Each state shall appoint, in such manner as the Legis¬ 
lature thereof may direct, a number of electors, equal to the whole 
number of senators and representatives to which the state may be 
entitled in the Congress ; but no senator or representative, or person 
holding an office of trust or profit under the United States, shall be 
appointed an elector. 

\Clause'i. The electors shall meet in their respective states, and 
vote by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same state with themselves. And they shall make a 
list of all the persons voted for, and of the number of votes for each ; 
which list they shall sign and certify, and transmit, sealed, to the seat 
of the government of the United States, directed to the President of 
the Senate. The President of l(^ie Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and the 
votes shall then be counted. The person having the greatest number of 
votes shall be President, if such number be a majority of the whole 
number of electors appointed ; and if there be more than one who 
have such majority, and have an equal number of votes, then the 
House of Representatives shall immediately choose by ballot one of 
them for President ; and if no person have a majority, then, from the 
five highest on the list, the said House shall in like manner choose 
the President. But in choosing the President, the votes shall be 
taken by states, the representation from each state having one vote, a 
quorum for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be neces¬ 
sary to a choice. In every case, after the choice of the President, the 
person having the greatest number of votes of the electors shall be the 
Vice-president. But if there should remain two or more who have 
equal votes, the Senate shall choose from them by ballot the Vice- 
president.*] 

Clause 4. The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes, which day 
shall be the same throughout the United States. 

Clause 5. No person except a natural-born citizen, or a citizen of 


* Altered by the 12th Amendment. See page 217. 



COATSTITUTION OF THE UNITED STATES. 2II 


the United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President ; neither shall any person be 
eligible to that office who shall not have attained to the age of thirty, 
five years, and been fourteen years a resident within the United States, 

Clause 6. In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-president; and 
the Congress may by law provide for the case of removal, death, resig¬ 
nation, or inability, both of the President and Vice-president, declar¬ 
ing what officer shall then act as President ; and such officer shall act 
accordingly, until the disability be removed, or a President shall be 
elected. 

Clause 7. The President shall, at stated times, receive for his ser¬ 
vices a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the United 
States, or any of them. 

Clause 8. Before he enter on the execution of his office, he shall 
take the following oath or affirmation : 

“I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will, to the best of my 
ability, preserve, protect, and defend'the Constitution of the United 
States. 

Section II. Powers of the President. 

Clause I. The President shall be commander-in-chief of the army 
and navy of the United States and of the militia of the several states, 
when called into the actual service of the United States ; he may re¬ 
quire the opinion in writing of the principal officer in each of the 
executive departments, upon any subject relating to the duties of their 
respective offices ; and he shall have power to grant reprieves and 
pardons for offenses against the United States, except in cases of im¬ 
peachment. 

Clause 2. He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the senators 
present concur ; and he shall nominate, and by and with the advice 
and consent of the Senate shall appoint ambassadors, other public 
ministers and consuls, judges of the Supreme Court, and all other offi¬ 
cers of the United States, whose appointments are not herein other¬ 
wise provided for, and which shall be established by law ; but the 
Congress may by law vest the appointment of such inferior officers as 
they think proper in the President alone, in the courts of law, or in 
the heads of departments. 

Clause 3. The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting com¬ 
missions, which shall expire at the end of their next session. 

Section III. Duties of the President. 

He shall, from time to time, give to the Congress information of the 
state of the Union, and recommend to their consideration such meas- 


212 


C/F 7 Z GOVERNMENT. 


ures as he shall judge necessary and expedient ; he may, on extraor¬ 
dinary occasions, convene both houses, or either of them ; and in 
case of disagreement between them, with respect to the time of ad¬ 
journment, he may adjourn them to such time as he shall think proper ; 
he shall receive ambassadors and other public ministers ; he shall take 
care that the laws be faithfully executed, and shall commission all the 
officers of the United States. 

Section IV. Impeachment of the President. 

The President, Vice-president, and all civil officers of the United 
States, shall be removed from office on impeachment for and convic¬ 
tion of treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. Judicial Department. 

Section I. United States Courts. 

The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as Congress may from time 
to time ordain and establish. The judges, both of the supreme and 
inferior courts, shall hold their offices during good behavior ; and 
shall, at stated times, receive for their services a compensation, which 
shall not be diminished during their continuance in office. 

Section II. Jurisdiction of the United States Courts. 

Clause I. The judicial power shall extend to all cases in law and 
equity arising under this Constitution, the laws of the United States, 
and treaties made, or which shall be made, under their authority ; to 
all cases affecting ambassadors, other public ministers, and consuls ; 
to all cases of admiralty and maritime jurisdiction ; to controversies 
to which the United States shall be a party ; to controversies between 
two or more states ; between a state and citizens of another state ; be¬ 
tween citizens of different states ; between citizens of the same state 
claiming lands under grants of different states ; and between a state, 
or the citizens thereof, and foreign states, citizens, or subjects.* 

Clause 2. In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a state shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions, and under such regulations 
as the Congress shall make. 

Clause 3. The trial of all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the state where the 
said crimes shall have been committed ; but when not committed 


* Altered by the nth Amendment. See page 216. 



CONSTITUTION OF THE UNITED STATES. 


213 


within any state, the trial shall be at such place or places as the Con¬ 
gress may by law have directed. 

Section III. Treason. 

Clause I. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt act, or on confession 
in open court. 

Clause 2. The Congress shall have power to declare the punishment 
of treason ; but no attainder of treason shall work corruption of blood, 
or forfeiture, except during the life of the person attainted. 

ARTICLE IV. 

Section I. State Records. 

Full faith and credit shall be given in each state to the public acts, 
records, and judicial proceedings of every other state. And the Con¬ 
gress may, by general laws, prescribe the manner in which such acts, 
records, and proceedings shall be proved, and the effect thereof. 

Section II. Privileges of Citizens, etc. 

Clause I. The citizens of each state shall be entitled to all privileges 
and immunities of citizens in the several states. 

Clause 2. A person charged in any state with treason, felony, or 
other crime, who shall flee from justice and be found in another state, 
shall, on demand of the executive authority of the state from which he 
fled, be delivered up, to be removed to the state having jurisdiction of 
the crime. 

Clause 3. No person held to service or labor in one state, under the 
laws thereof, escaping into another, shall, in consequence of any law 
or regulation therein, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whom such service or 
labor may be due. 

Section III. New States and Territories. 

Clause I. New states may be admitted by the Congress into this 
Union, but no new state shall be formed or erected within the juris¬ 
diction of any other state ; nor any state be formed by the junction of 
two or more states, or parts of states, without the consent of the 
Legislatures of the states concerned, as well as of the Congress. 

Clause 2. The Congress shall have power to dispose of, and make 
all needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this Con¬ 
stitution shall be so construed as to prejudice any claims of the United 
States or of any particular state. 


214 


CIVIL GOVERNMENT. 


Section IV. Guarantee to the States. 

The United States shall guarantee to every state in this Union a 
republican forna of government, and shall protect each of them against 
invasion ; and, on application of the Legislature, or of the executive 
(when the Legislature can not be convened), against domestic violence. 

ARTICLE V. Power of Amendment. 

The Congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the Legislatures of two-thirds of the several states, shall 
call a convention for proposed amendments, which, in either case, 
shall be valid, to all intents and purposes, as part of this Constitution, 
when ratified by the Legislatures of three-fourths of the several states, 
or by conventions in three-fourths thereof, as the one or the other 
mode of ratification may be proposed by Congress ; provided, that no 
amendment which may be made prior to the year one thousand eight 
hundred and eight shall in any manner affect the first and fourth 
clauses in the ninth section of the first Article ; and that no state, 
without its consent, shall be deprived of its equal suffrage in the 
Senate. 

ARTICLE VI. Public Debt, Supremacy of the Constitution, 
Oath of Office, Religious Test. 

Clause I. All debts contracted and engagements entered into before 
the adoption of this Constitution, shall be as valid against the United 
States under this Constitution as under the Confederation. 

Clause 2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, shall 
be the supreme law of the land ; and the judges in every state shall 
be bound thereby, any thing in the Constitution or laws of any state 
to the contrary notwithstanding. 

Clause 3. The senators and representatives before mentioned, and 
the members of the several state Legislatures, and all executive and 
judicial officers, both of the United States and of the several states, 
shall be bound by oath or affirmation to support this Constitution ; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. Ratification of the Constitution. 

The ratification of the Convention of nine states shall be sufficient 
for the establishment of this Constitution between the states so ratify¬ 
ing the same. 

Done in Convention, by the unanimous consent of the states present, 

the seventeenth day of September, in the year of our Lord one thou¬ 
sand sevon hundred and eighty-seven, and of the Independence of the 


CONSTITUTION OF THE UNITED STATES. 


215 


United States of America the twelfth. In witness whereof, we have 
hereunto subscribed our names. 

George Washington, President and Deputy from Virginia. 


New Hampshire. —John Lang- 
don, Nicholas Gilman. 

Massachusetts. —Nathaniel Gor¬ 
ham, Rufus King. 

Connecticut. —W m. Samuel 
Johnson, Roger Sherman. 

New York. —Alexander Hamil¬ 
ton. 

New Jersey. —William Living¬ 
ston, William Patterson, David 
Brearley, Jonathan Dayton. 

Pennsylvania. —Benjamin 
Franklin, Robert Morris, Thomas 
Fitzsimons, James Wilson, Thomas 
Mifflin, George Clymer, Jared In- 
gersoll, Gouverneur Morris. 

A ttest, 


Delaware. —George Read,John 
Dickinson,Jacob Broom,Gunning 
Bedford, Jr., Richard Bassett. 

Maryland. —James M‘Henry, 
Daniel Carroll, Daniel of St. Tho. 
Jenifer. 

Virginia. —John Blair, James 
Madison, Jr. 

North Carolina. —William 
Blount, Hugh Williamson, Rich¬ 
ard Dobbs Spaight. 

South Carolina. —John Rut¬ 
ledge, Charles Cotesworth Pinck¬ 
ney, Pierce Butler. 

Georgia. —William Few, Abra¬ 
ham Baldwin. 

William Jackson, Secretary. 


AMENDMENTS TO THE CONSTITUTION. 

Article I. Freedom of Religion^ etc. 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press ; or the right of the people peaceably to assem¬ 
ble, and to petition the government for a redress of grievances. 

Article II. Right to bear Arms. 

A well-regulated militia being necessary to the security of a free 
state, the right of the people to keep and bear arms shall not be in¬ 
fringed. 


Article HI. Quartering Soldiers on Citizens. 

No soldier shall, in time of peace, be quartered in any house without 
the consent of the owner ; nor in time of war, but in a manner to be 
prescribed by law. 

Article IV. Search Warrants. 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated ; and no warrants shall issue but upon probable cause, sup- 




2I6 


CIVIL GOVERNMENT, 


ported by oath or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized. 

Article V. Trial jor Crime, etc. 

No person shall be held to answer for a capital or otherwise infa¬ 
mous crime, unless on a presentment or indictment of a grand jury, ex¬ 
cept in cases arising in the land or naval forces, or in the militia when 
in active service in time of war or public danger; nor shall any person 
be subject for the same offense to be twice put in jeopardy of life or 
limb; nor shall be compelled, in any criminal case, to be a witness 
against himself ; nor be deprived of life, liberty, or property, without 
due process of law ; nor shall private property be taken for public use 
without just compensation. 

Article VI. Rights of accused Persons. 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the state and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law, and to be informed of the nature 
and cause of the accusation ; to be confronted with the witnesses 
against him ; to have compulsory process for obtaining witnesses in his 
favor; and to have the assistance of counsel for his defense. 

Article VII. Suits at Common Law. 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved ; and no 
fact tried by a jury shall be otherwise re-examined in any court of the 
United States than according to the rules of the common law. 

Article VIII. Excessive Bail. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishment inflicted. 

' Article IX. 

The enumeration in the Constitution of certain rights shall not be 
construed to deny or disparage others retained by the people. 

Article X. 

The powers not granted to the United States by the Constitution, 
nor prohibited by it to the states, are reserved to the states respectively 
or to the people. 

Article XI. 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity commenced or prosecuted against 
one of the United States by citizens of another state, or by citizens or 
subjects of any foreign state. 


CONSTITUTION OF THE UNITED STATES. 217 


Article XII. Mode of choosing the President and Vice-president. 

Clause I. The electors shall meet in their respective states, and 
vote by ballot for President and Vice-president, one of whom, at least, 
shall not be an inhabitant of the same state with themselves ; they 
shall name in their ballots the person voted for as President, and in 
distinct ballots the person voted for as Vice-president ; and they shall 
make distinct lists of all persons voted for as President, and of all per¬ 
sons voted for as Vice-president, and of the number of votes for each, 
which list they shall sign and certify, and transmit, sealed, to the seat 
of government of the United States, directed to the President of the 
Senate; the President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and 
the votes shall then be counted ; the person having the greatest num¬ 
ber of votes for President shall be the President, if such a number be 
a majority of the whole number of electors appointed; and if no per¬ 
son have such majority, then from the persons having the highest 
numbers, not exceeding three, on the list of those voted for as Presi¬ 
dent, the House of Representatives shall choose immediately by bal¬ 
lot the President. But in choosing the President, the votes shall be 
taken by states, the representation from each state having one vote ; a 
quorum for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be neces¬ 
sary to a choice. And if the House of Representatives shall not 
choose a President, whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the Vice- 
president shall act as President, as in the case of the death or other 
constitutional disability of the President. 

Clause 2. The person having the greatest number of votes as Vice- 
president shall be the Vice-president, if such number be a majority of 
the whole number of electors appointed, -and if no person have a 
majority, then from the two highest numbers on the list the Senate 
shall choose the Vice-president ; a quorum for the purpose shall con¬ 
sist of two-thirds of the whole number of senators, and a majority of 
the whole number shall be necessary to a choice. 

Clause 3. But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-president of the United 
States, 

Article XIII. 

Section i. Neither slavery nor involuntary servitude, except as a 
punishment for crime whereof the party shall have been duly con¬ 
victed, shall exist within the United States, or any place subject to 
their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XIV. 

Section i. All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 


2i8 


CIVIL GOVERNMENT, 


States and of the state wherein they reside. No state shall make or 
enforce any law which shall abridge the privileges or immunities of 
citizens of the United States ; nor shall any state deprive any person 
of life, liberty, or property, without due process of law, nor deny 
to any person within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several 
states according to their respective numbers, counting the whole num¬ 
ber of persons in each state, excluding Indians not taxed. But when 
the right to vote at any election for the choice of electors for Presi¬ 
dent and Vice-president of the United States, representatives in Con¬ 
gress, the executive and judicial officers of a state, or the members of 
the Legislature thereof, is denied to any of the male members of such 
state, being twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for participation in rebellion 
or other crime, the basis of representation therein shall be reduced in 
the proportion which the number of such male citizen shall bears to 
the whole number of male citizens twenty-one years of age in such 
state. 

Section 3. No person shall be a senator or representative in Con¬ 
gress, or elector of President and Vice-president, or hold any office, 
civil or military, under the United States, or under any state, who, 
having previously taken an oath, as a member of Congress, or as an 
Officer of the United States, or as a member of any State Legislature, 
or as an executive or judicial officer of any state, to support the Con¬ 
stitution of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may, by a vote of two-thirds of each house, 
remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any state shall 
assume or pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for the loss or 
emancipation of any slave ; but all such debts, obligations, and claims 
shall be held illegal and void. 

Section 5. The Congress shall have power to enforce by appro¬ 
priate legislation the provisions of this article. 

Article XV. 

Section i. The right of the citizens of the United States to vote 
shall not be denied or abridged by the United States or any state on 
account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce by apprc 
priate legislation the provisions of this article. 


INDEX 


Absolute monarchy, 159. 

Academy, naval, 142. 

Accused, rights of, 74. 

Actions, 171. 

Adjutant general, 84,140. 
functions of, 89. 

Administrators, 54. 

Admiralty courts, 171. 

Agriculture, commissioner of, 84, 89. 

Alaska, 96. 

Aldermen, board of, 61. 

Aliens, 105. 

Alternate delegates, 194. 

Amendments, 199. 

Appropriation by State, 67. 

Area of counties, 49. 

Aristocracy, 159, 160. 

Arizona, 96. 

Assembly—general or legislative, 177. 

Assessor, authority of, 61. 
duties of, 67. 
of township, 43, 44. 

Attorney, 174. 

county, 49. 
duties of, 50. 
general, 88. 

Auditor, township, 45. 

Australian ballot-system, 176, 179, 184. 

Ballot, 176. 

blanket, 180, 181. 
box, 176, 177. 
forms of, 183, 
individual, 180. 
in Indiana, 183, 187. 
in Louisville, 183, 185. 
in Mass., 183, 186. 
official, 180, 182. 
secret, 179, 182. 
voting by, 176. 

Bank inspectors, 90. 
national, 138. 

Bargaining and trading, 183. 

Beat, the, 28, 30. 

Bill, 197, 199- 

of rights, 68, 72. 
of attainder, 197, 200. 
true, 173. 

Blind, voting of the, 182. 

Board of aldermen, 61. 
of education, 61. 


Board of pardons, 86. 

of public works, 61. 
of supervisors, 50. 

Boroughs, 57. 

Bribery, 177, 182 

Buildings, county, 49. 

Bureau of construction and repair, 142 
of equipment and recruiting, 141 
of medicine and surgery, 142. 
of navigation, 141. 
of ordnance, 141. 
of provisions and clothing, 142. 
of steam engineering, 142. 
of yards and docks, 141. 

Bureaus of navy department, 141. 
of treasury department, 136. 
of war department, 140. 

By-laws, township, 42. 

Cabinet, presidential, 132, 149. 

Cadet, 141. 

Campaign, 194. 

Candidates, 176, 190. 

Canvass, 177. 

Cases, 171. 

Causes, civil, 171. 
criminal, 172. 

Census, 121. 

Challenge, 173. 

Chaplain, 123. 

Charges, 172. 

Chief of engraving and printing, 139. 
of bureau of statistics, 138. 
of fire department, 62. 
of ordnance, 145. 
of police, 62. 

Children, 22, 23. 

rights of, 22. 
duties of, 23. 

Circuit clerk, 54. 
court, 152. 

court of appeals, 152. 

Citizen, 67-69. 

duties of, 17. 

naturalization of, 102, 168. 
of civil district, 32, 33. 
duties of, 33, 
rights of, 32. 
of township, 38, 40. 
duties of, 39, 40. 
rights of, 38. 

(219) 





220 


INDEX. 


Citizen, rights of, 32, 60. 

Citizenship, 38. 

City council, 61. 
court, 61. 
election, 61, 
engineer, 61. 
government, 60. 
incorporation, 58. 
institution, 59. 
judge, 62. 
officers, 61, 62. 
physician, 62. 
solicitor, 61. 
wards, 59. 

Civil district, 27, 36. ' 
government, 159. 

Civil law, 170. 

rights, 163, 165. 
unit, 28. 

unit, classes of, 30. 

Clerks, 57, 174, 176. 

chief of Senate, 81. 
circuit, 54. 
common pleas, 49. 
of county, 41, 49. 52, 53 - 
of township, 43. 

Collection of taxes, 45. 

Collector of city, 61, 62. 
of county, 54. 
of township, 45. 
of village, 57, 58. 

Commander-in-chief, 130, 

Commerce, regulation of, 114. 

Commercial law, 171. 

Commissary general, 140. 

Commissioner, 135. 

of agriculture, 84. 
county, 50. 
court, 173. 

of general land office, 144. 
of Indian affairs, 145. 
of internal revenue, 138. 
of labor, 90. 
land, 84, 90. 
of patents, 145. 
of pensions, 144. 
railway, 84, 90. 
of internal revenue, 138. 
school, 49. 
of statistics, 90. 
street, 61, 62. 
township, 44, 49. 

Committee, 190. 

conference, 200. 
county, 191. 
district, 191. 
executive, 191. 
national, 192, 194. 
special, 198. 
standing, 198. 

Common law, 170. 

Communal district, 30. 

Commutation of sentence, 87, 

Comptroller, 87. 

of customs, 137. 


Comptroller of currency, 138. 

Congress, acts of, 65. 

forbidden powers, 117. 
member of, iii, 112. 
power of, no, 117. 
representation in, 95. 

Congressional districts, 191. 

Constable, district, 33. 
duties of, 35. 
election and term, 35. 
township, 43, 45. 

Consuls, 135. 

Constitution, 205-218. 

amendments to, 107, 215. 
formation of, 106. 
nature of, 105. 

Constitution of European countries, 70. 
of State, 69. 
necessity for, 106. 
ratification of, 99. 
value of, 71. 

Conventions, 192, 194. 

Copyright, 114, 145. 

Coroner, 49. 

duties of, 53. 
inquest, 54. 
in township, 46. 

Corporation, 166. 

municipal, 56. 

Corruption, 177. 

Council, city, 61, 62. 
common, 61. 

Councilman, 42, 57. 

Counterfeiting, 114. 

County, the, 48-55. 
area, 49. 
attorney, 51. 
auditor, 52. 
buildings, 49. 
clerk, 52. 
convention, 193. 
court-house, 49. 
executive department, 51. 
formation, 48. 
government, 49. 
infirmary, 50. 
jail, 49. 
judge, 54, 55. 

legislative department, 50. 

officers, 49. 

power, 48. 

property, 50. 

public affairs, 49. 

purposes, 48. 

sheriff, 51. 

superintendent of schools, 44. 
surveyor, 53. 

Court-house, 49, 50. 

Court, jurisdiction of, 151. 
of claims, 153. 
officers of, 155, 173, 174. 
supreme, 151. 

United States, 149. 
of ^peals, U. S. circuit, 152. 

U. S. district, 153. 




INDEX. 


221 


Court-martial, 171. 

Declaration of Independence, 65. 

Deeds, 49, 53. 

Defendant, 172. 

Democracy, 159, 161. 

Department of agriculture, 147, 148. 
county, 49. 

executive, of county, 51. 
of State, 84. 
of territory, 94. 
fire, 59. 

government, 72. 
interior, 144-146. 
judicial, 49, 92, 149, 196. 
of justice, 146, 147. 
legislative, of county, 80. 
of State, 77. 
of territory, 94. 
navy, 141, 142. 
ost office, 142-144. 
tate, 133. 
township, 40, 41. 
treasury, 136-139. 
war, 139-141. 

Despotism, 175. 

Diplomatic service, 134. 

Direct taxes, 202, 203. 

Director infirmary, 54. 
of mint, 139. 
school, 43, 44. 

Disfranchisement, 177. 

Disorder, 179. 

District-attorney, 155. 

District, civil, 27. 
clerk, 54. 
communal, 30. 
election, 29. 
magisterial, 29. 
marshal, 155. 
militia, 29. 
reporter, 155. 
school, 21, 28. 

Duties, 204. 

citizen’s, 33. 
civil, 163. 
industrial, 165. 
moral, 166. 
of children, 22. 
of family, 19. 
of parents, 23. 
political, 167. 

Education, board of, 61. 
of child, 27. 

Election act, 179. 
district, 29. 
judges of, 42. 
of county officers, 50. 
of justices, 93. 
precinct, 29, 30. 
presidential, 126, 127. 
returns, 87. 

Electoral college, 127. 
vote, 128. 


Electors, choice of, 115. 

Electric light, 59. 

Enabling act, 65. 

Engineer, city, 61. 
chief, 140. 
county, 53. 
ordnance, 140. 

State, 90. 

Enrolled bills, 200. 

Envoys extraordinary, 134. 

Examiner of state, 90. 

Examining trial, 34. 

Exercise, 204. 

Executive department of county, 49. 
of State, 84. 
of territory, 94. 
of United States, 125-148. 
function of civil district, 31. 

Expenditure in county, 52. 

Family, 17-20. 

definition of, 18. 
duties of members of, 19. 
officers, 19. 
members of, 18. 
powers of officers, 19. 
purposes of, 18. 
responsibilities, 19. 
rights of members, 19. 

Fence-viewers, 45. 

Field-driver, 45. 

Finance, 60. 

Fire department, chief of, 62. 

Freedom of assembly, 73. 
of conscience, 73. 
of press, 73. 
of speech, 73. 

Gas-works, 59. 

General assembly, 77. 

General, adjutant, 84, 140. 
attorney, 88. 
commissary, 140. 
inspector, 140. 
quartermaster, 140. 
surgeon, 140. 
surveyor, 140. 

Government, 157-162. 
departments, 77. 
duties toward, 69. 
economy of, 61. 
functions, 58, 59. 
national, 98, 99. 
origin of, 157, 158. 
purposes of, 100 . 
school, 23-26. 

State, 77. 

Territory, 96. 
varieties, 17, 159. 

Governor of State, 85. 
of Territory, 94. 
powers and duties, 85, 86. 

Grand jurors, 172, 177. 

Guardians, appointment of, 54. 



222 


INDEX. 


Habeas corpus, 117. 

Hereditary monarchy, 160. 

House of congress, no. 
of delegates, 78. 
of representatives, 81, 121, 122. 

Hundred, the, 28, 30. 

Immigration commission, 90. 

Impeachment, 82. 

Inauguration, presidential, 128. 

Income tax, 203. 

Indiana ballot, 184. 

Indian Territory, 96. 

Indictment, 172, 173. 

Individual ballot, 184. 

Industrial rights, 165. 

Inquest, coroner’s, 54. 

Inspector-general, 140. 
of bank, 90. 

Instruction, public superintendent of, 

^ ^ 9 - . . 

Insurance commissioners, 84, 89. 

Interior department, 144. 

Internal revenue, 204. 

International law, 170. 

Intimidation, 179. 

Jail, county, 49. 

Jailer, 54. 

Journal of house, 78. 

Judge, 171-173, 176. 

advocate-general, 140. 
appointment of, 93. 
county, 49, 50. 
district, 94. 
probate, 49, 55. 
supreme court, 92. 
surrogate, 49. 

Judicial department of State, 191. 
of U. S., 149. 
district, 191. 

Judiciarjr, functions of, 92. 

Jurisdiction of courts, 149. 
of supreme court, 151. 

Jurors, 173. 

in township, 42. 

ury, 122, 123. 

ustice, 163-168, 

of county, 50. 
of peace, 33, 34. 
precinct, 30. 
of township, 45, 46. 

Labor commissioners, 90. 

Land commissioners, 84-90. 

Law and liberty, 169-174. 

Law, enactment of, 79, 197. 
execution of, 84. 
ex post facto, 118. 
forbidden, 74. 
indexing, 87. 
in township, 42. 
making, 77. 
of nations, 170. 
of Territory, 95. 


Legislation, 197-200, 
in county, 54. 

Legislative department of county, 49,50. 
power of presiding, 131. 

State, 77. 

Territory, 94. 

Legislative department of township, 41. 
of county, 50. 
of school, 24. 
of State, 77. 
of U. S., no. 

Legislature, 77. 

Letters of marque, 114. 

Liberty, 169. 

Librarian, State, 90. 

Territory, 94. 

Licenses, 53, 54. 

Lieutenant-governor, 78, 84, 87. 

Louisville ballot, 183, 185. 

Magisterial district, 29. 

Marshal of village, 52. 

Martial law, 171. 

Massachusetts ballot, 183, 

Mayor, 57, 61. 

Members of congress, in. 
of family, 19. 
of school district, 22. 

Ministers, 134, 135. 

Ministerial officers, 35, 45, 174. 

Militia, 115. 

district, 29, 30. 

Military academy, 145. 
government, 159. 

Mint, 138. 

Monarchy, 159. 

Money, coining of, 114. 

Moral law, 170. 

rights and duties, 166, 167 

Mortgages, 49, 53. 

Municipal corporations, 56, 63. 

National committees, 191, 

convention, 191, 193, 194. 
government, 98, 99. 
legislation, 189. 

Naturalization, 102. 

Naval academy, 142. 

New Mexico, 96. 

New York ballot, 184. 

Nominations, 194, 195. 

Officers, appointment of, 84. 
city, 61. 

civil district, 33. 

election, 54. 

election of, 176. 

house of representatives, 81. 

interior, 123. 

ministerial, 35. 

of family, 19, 20. 

powers of, 19. 

post-office, 143, 144. 

school, 24, 

of senate, 81. 



INDEX. 


Officers of Territory, 94. 
township, 41. 
treasury, 136. 

of United States Court, 155, 156. 
Official ballots, 184. 

Oklahoma, 96. 

Oligarchy, 160. 

Oral instruction, 57. 

Ordinances, 42. 

Organization act, 94. 

Overseers, 54. 


B ualifications of State, 78. 
uartermaster-general, 140. 

Railway commissioners, 90. 

Real property tax, 203. 

estate tax, 203. 

Recorder, 58. 

county, 53. 

Register, county, 53. 

of land office, 84, 90. 
Representative democracy, i6r. 
districts, 191. 
duties, 78. 
house of, 81. 

Reprieves, 86, 131. 

Reprisal, 114. 

Republic, 161, 163. 

Republican principles, 72. 
Residence, official, of president, 128 
Revenue and taxation, 201, 204. 

collection of, 52, 88, 136. 
Rights, 163, 171. 
natural, 27. 
of accused, 74. 
of eminent domain, i66. 
of private property, 164. 
political, 175. 

School, 21, 26. 

appointment of officers, 24. 
children, 22, 23. 
definition and purpose of, 21, 
directors, 43, 44, 51. 
district, 28. 
formation of, 21. 
functions of, 22. 
government, 23, 27. 
members, 22. 
position of, 28. 
power of teacher of, 25. 
rights of, 22. 
teacher, 25. 

Secret ballot, 179. 

Secretary of state, 87. 
of territory, 94. 
of treasury, 136. 

Security, personal, 72. 

Selectmen, 42. 

Senate, 81, 119. 

Senatorj no. 

Senatorial districts, igxt 
Sessions of congress, 131. 

Sheriff, 49, 174, 177. 

Shire town, 49. 

Society, 158,165, 166. 

Social rights, 165, 166. 

Solicitor, 158, 166, 167. 
city, 61. 
general, 146. 
of treasury, 139. 

Speaker, 81, 82. 

Speech, freedom of, 157. 

State, 64-97. 

administration of, ii6. 
engineer, 7a 


Papers, 49. 

Pardons, 131. 

Parents, rights and duties of, 23. 
Parish, 48. 

Parliamentary law, 171. 

Parties, 189-196. 

Party committees, 190, 191. 
conventions, igo, 191. 
machinery, 189, 191. 
Passports, 133. 

Patents, 144, 145. 

Patriarchy, 160. 

Patronage of president, 132. 
Paymaster, 140. 

Penalties, 177. 

Pensions, 144. 

Personal property, 203. 

Petit jury, 172. 

Piracy, 114. 

Plaintiff, 172. 

Plantations, 30. 

Platforms, 126, 194. 

Police, chief, 62. 
court, 61. 

Political conventions, 192. 

parties, 189. 

Polling list, 176. 

place, 176, 177, 180. 
in district, 31. 

Poll-tax, 39, 44, 203. 

Poor, support of, 54. 

Postmaster, 123. 

Post office, 114. 

bureau, 143. 
department, 142. 

Popular vote, 128. 

Poundkeeper, 45. 

Powers of State, 79. 

Precinct election, 29, 30. 
voting, 29. 
justice’s, 30. 

President, 125, 129, 130, 190, 193. 
cabinet of, 132. 
powers of, 108. 

Presidential election, 189. 

Press, freedom of, 72. 

Primary elections, 95. 

Privateers, 115. 

Private property, 72. 

Private tax, 203. 

Privilege of State, 78. 

Probate judge, 54, 55. 
Proceedings, legal, 174. , 

Property tax, 203. 



224 


INDEX. 


State examiner, 90. 
librarian, 90. 
officers, 84. 
secretary of, 87, 
subdivisions of, 48. 
teachers’ institute, 89. 

Statistics, commissioner of, 90. 

Statute law, 170. 

Suffrage and elections, 175-178. 
rights of, 39. 

Suits, 171, 174. 
civil, 54. 

Superintendent of banking, 90. 
of coast survey, 138. 

Superintendent of elections, 51. 
of poor, 54. 

of public instruction, 89. 

Supervisor, 43, 44. ^ 

Supreme court, 92, 150. 

Surveyor, 53. 

general, 90. 
county, 49, S3. 

Tariff j 204. 

Taxation, 79, 201, 202. 

Taxes, 52, 53, 202, 203. 

collection of, 35, 43, 45. 
income, 203. 
indirect, 202. 

Teachers, 25, 26. 
duties of, 25. 
powers of, 25, 26. 

Territory, 65, 94, 95, 96. 

Theocracy, 160. 

Tipstaff, 174. 

T»wn (see Township), 29, 30, 37-47. 
meetings, 41. 

Township, or town, 37-47. 
assessor, 43, 44. 
citizens of, 38. 
clerk, 43. 
collector, 45. 
commissioner, 44. 
constable, 43, 45. 
councilmen, ±2. 
governmental functions of, 37. 


Township, purposes, 38. 
selectmen, 42. 
supervisor, 43, 44. 
treasurer, 43. 

Treason, 86. 

Treasurer, city, 61. 

Treasurer, county, 52. 
township, 43. 
village, 57, 58. 

Treasury department, 136*139. 

Treaties, 120, 131. 

Trials, 171, 172. 

by jury, 173. 

Trustees, 57. 

of township, 42. 
duties of, 42. 

Unit, the civil, 28-31. 

United States, 98-156. 

circuit courts, 152. 
circuit court of appeais, 153. 
district court, 153. 
formation of, 99. 
jurisdiction of courts, 149. 
supreme court, 150. 


Veto, 86. 

Vice-president, 125, 190, 193. 194. 
Village, 56, 57. 

Voters, 29, 32, 33, 39, 60, 67, 68, 175, 182. 
Voting, 175, 176, 181, 183. 
precinct, 29. 

War, declaration of, 114. 

Ward convention, 195. 

Warrants, 34, 45. 

Water works, 59, 60. 

Wills, 49, 53, 54. 

Works, electric, 59. 
gas, 59. 

public, 57, 59, 60. 
water, 57. 

Writs, serving of, 35. 



SUPPLEMENT. 


THE STATE OF NEW YORK. 

The Constitution. —New York, one of the thir¬ 
teen original States, has had four constitutions. 
The first was adopted in 1777, ten years before the 
framing of the Federal Constitution. It served the 
people for forty-five years. The next one, adopted 
in 1822, lasted about twenty-four years. The third, 
adopted in 1846, despite several attempts to change 
it, was the supreme law of the State for nearly fifty 
years. The fourth, adopted in 1895, is over us to¬ 
day. 

As constitutions come and go, it has not seemed 
best, in this brief sketch, to say anything about such 
features of preceding constitutions as have had their 
day and ceased to be. But it is well for the student 
to know the constitution as it now exists, for it is 
the law of his citizen-life, and “ ignorance of the 
law excuses no man.” 

Despite the necessary brevity of the following 
analysis, it is hoped that every great principle has 
been touched upon, in so far as it is named in the 
present constitution of the State of New York. 


New York Supplement—Peterman’s Civil Government. 
Copyright, 1896, by American Book Company. 


(225) 




226 


SUPPLEMENT. 


Public Schools.—The article of the constitution 
on education opens as follows : The legislature shall 
provide for the maintenance and support of a system 
of free coimnon schools., wherein all the childre^i of this 
State may be educated. 

Thus brief is the authority on which rests the 
great common-school system of the Empire State. 
But, brief as it is, how strong! The legislature 
provide ; the schools shall be free; they shall 
be for the education of all the children of the State. 
Moreover, by a recent law, called the Compulsory 
Education Law, provision is made by which all 
children not only “ may be educated ” but must be. 
Such a law the State has a right to pass, on the 
ground that it is for the good and welfare of the 
Commonwealth that all its citizens should possess 
at least the rudiments of an education. 

By the same right to protect itself, the State has 
declared in this constitution that no State money 
shall be given to any school or institution of learn¬ 
ing, “ wholly or in part under the control or direc¬ 
tion of any religious denomination, or in which any 
denominational tenet or doctrine is taught.” To 
the end, also, that a free common-school system may 
be properly maintained and supported, the consti¬ 
tution commands that the common-school fund be 
used sacredly and solely for common-school pur¬ 
poses. It recognizes the constitutional authority of 
the University of the State of New York, a corpo¬ 
ration created in the year 1784, and now possessing 
and exercising, in respect to secondary education, 
much of the power which the State Department of 


THE STATE OF NEW YORK. 


227 


Public Instruction wields over elementary or primary 
instruction. It will thus be seen that the educa¬ 
tional system of the State is dual, or double-headed. 

State Department of Public Instruction.—(Pages 
21-26.)—The main officers of this department are 
a State superintendent and a deputy-superintendent. 
Under their supervision and control are more than 
twenty thousand school districts. These districts are 
under the immediate care of over one hundred school 
commissioners, whose duty it is to look after and take 
care of the varied educational interests of their re¬ 
spective districts. Various normal schools throughout 
the State are for the training of common-school teach¬ 
ers ; and, still better to equip them for their work, 
the State superintendent appoints Teachers’ Insti¬ 
tutes, from time to time, and in various places, pre¬ 
sided over by trained and experienced conductors, 
who are expected to outline and develop the funda¬ 
mental subjects taught in common schools. 

University of the State of New York.—This 
is the name given in the constitution to an insti¬ 
tution which exists only on paper ; that is, an in¬ 
stitution not owning or occupying any buildings or 
doing any teaching, but whose work is that of super¬ 
vision and control, of incorporation of colleges, acad¬ 
emies, union and high schools ; of the distribution of 
the literature fund, based upon the results of exam¬ 
inations prescribed by the regents. 

The regents are the executive officers of the Uni¬ 
versity ; their number may not be less than nine, and 
they are chosen for life, by the legislature. They 
are not paid officials, and the office is largely hon- 


228 


SUPPLEMENT. 


orary, the real work being done by a secretary and 
a corps of trained helpers. The board of regents 
numbers nineteen, exclusive of four ex-officio mem¬ 
bers ; viz., the governor, lieutenant-governor, secre¬ 
tary of state, and supermtendent of public instruc¬ 
tion. 

The Town. —(Pages 37-47.) —Although the town 
in New York State has not the power which has 
been so freely and fully accorded it in New Eng¬ 
land, it would be a great mistake to regard it as of 
little importance in our Commonwealth, or as pos¬ 
sessing but little power. Where the chief references 
to the town are found in the constitution, the words 
“ county,” “ city,” “ village ” are used several times 
in connection with the word “town,” the same priv¬ 
ileges being accorded to each of the four, and the 
same prohibitions placed upon each. The main 
reference to the town is to its inability, under the 
constitution, to contract any debt whatsoever, ex¬ 
cept for town purposes. But the financial power and 
responsibility of the town being thus defined and 
settled, it is left largely to its own internal manage¬ 
ment and government, subject, of course, to certain 
legal restrictions needful for every community. 

The most important officers of a town are a 
supervisor (representing his town in meetings of 
the county board of supervisors) ; a tow 7 i clerk (sec¬ 
retary and statistician he might be called) ; justices 
of the peace ; overseers of the poor ; assessors, who 
make calculations of property, on the basis of which 
taxes are levied ; and highway commissioners, to 
whom the inspection and repair of highways and 


THE STATE OF NEW YORK. 


229 


bridges are entrusted. To this list must be added 
such minor officers as collector of taxes, constables, 
excise commissioners, etc., whose terms of office vary, 
and who are paid, some by fees and others by the 
day. 

The County.—(Pages 48-55.)—The first allusion in 
the revised constitution to the county is in connec¬ 
tion with the division of the State into senatorial 
districts. And there the references are so many 
and so complex, that it seems best simply to say 
here, that out of the sixty counties in the State, 
the constitution carves fifty senatorial districts. 
But the use of the county as the basis for such dis¬ 
tricting will show its importance, both in a geograph¬ 
ical and in a political sense. The constitution again 
shows the great importance of the county by mak¬ 
ing it the basis of representation in the Assembly, 
which, from January i, 1896, is to consist of one 
hundred and fifty members. 

It is made imperative upon the county to use its 
money, raised by taxation, for none other than 
county purposes; and the county is forbidden to be¬ 
come indebted, even for county purposes, for more 
than ten per cent of the assessed valuation of the 
real estate within its limits. 

But in the case of the county, as in that of the 
town, the great question of indebtedness being set¬ 
tled by the constitution, a large degree of home 
rule is allowed by the State to the county. This is 
as it should be ; for each county is far more con¬ 
cerned for itself and its own interests than the 
State at large could possibly be. The legislature. 


230 


SUPPLEMENT. 


however, through laws of its own enactment, keeps a 
restraining hand upon the list of offices to be filled 
by the county. Several officers are referred to 
specifically: 

(1) The sheriff \s> elected every three years (except 
in the counties of New York and Kings, where the 
term is two or four years, as the legislature may 
direct). He is the executive officer of the county, 
and really is the governor’s representative there ; 
he is entrusted with the keeping of the peace, the 
care and custody of criminals, the summoning of 
witnesses, the watching of juries, and the execution 
of the commands of the courts. 

(2) The county clerk is an officer entrusted with 
most important duties—the filing and protection of 
valuable papers, the registration of deeds and mort¬ 
gages, and the careful custody of documents relating 
to the real estate in the county. 

(3) The district attorney has the legal affairs of the 
county in charge ; is the legal representative of the 
grand jury in the matter of its indictments; and 
the State’s representative when trials are brought 
in its name and by its authority. 

The sheriff., cou 7 ity clerk, district attorney, and regis¬ 
trar (in counties having such an officer for duties 
purely legal) are officers specifically named in the con¬ 
stitution. In addition, the law provides for a county 
judge; a surrogate, in cerfain populous counties; 
a treasurer ; one or more superintevidents of the 
poor; school cominissioners; and a board of super¬ 
visors, made up of one supervisor from each town 
and one from each city ward. It is thus seen that 


THE STATE OE HEW YORK. 


231 

the county government is quite complex and com¬ 
plete. 

Villages.—(Pages —The allusion to villages 

is very slight, but significant ; for it is provided that 
the legislature shall not incorporate any village by 
a private or local bill. In other words, there is to be 
one general law for the incorporation of all villages. 
This is a very wise provision ; for, without it, some 
villages would manage to secure greater rights and 
privileges than others, and thus great inequalities 
and much injustice would prevail. 

Another excellent provision is that which does not 
allow a village to loan its money or credit to, or in 
aid of, any individual, association, or incorporation ; 
nor become the owner of stock in, or bonds of, any 
association or corporation; nor incur any village 
debt, except for village purposes. Certain other 
restrictions of a like sort, on taxation, borrowing, 
running in debt, assessing, etc., are tersely and 
clearly defined. 

Of course the election of proper village officers is 
a very necessary thing, and the constitution pro¬ 
vides therefor by ordering that such officers as are 
not named by the constitution shall be elected by 
the voters of the village, or be appointed by the 
authorities thereof, as the legislature may deter¬ 
mine. 

As should be the case in a form of government 
comparatively so primitive and simple, the main 
officers of a village are few—a president*2is the ex¬ 
ecutive officer, and, associated with him, three to 
nine trustees. 


232 


SUPPLEMENT. 


Cities. —(Pages 59-62.)—It is generally conceded 
that the cities present the gravest political problems 
that the State is called upon to solve. In 1895 there 
were thirty-six cities within the boundaries of the 
Empire State, and more than half of the entire popu¬ 
lation of the State was resident in those cities. 
These masses of pent-up humanity must, of course, 
be governed ; but to what extent shall they be self- 
governed, and how far governed by the legislature ? 
The best wisdom of the constitution-makers was not 
adequate for the solving of that dual question. But 
let us look at what they did. 

In that famous section of the constitution which 
places certain restrictions upon the debt-incurring 
power of county, town, and village, the city is put 
under very similiar restraint. No use of city money, 
except for city purposes ! Even then there is great 
elasticity in the words “ for city purposes.” And, 
again, the city is confined in its tax-levying power to 
a sum not exceeding ten per cent of the assessed 
valuation of its real property ; nor, in any one year, 
in the case of cities of over one hundred thousand 
inhabitants, may the tax exceed two per cent of the 
assessed valuation of the real and personal estate of 
such city. 

The constitution declares that it is the duty of 
the legislature to organize cities, and to restrict 
their power to tax, assess, borrow, and loan their 
credit. And why restrict? it maybe asked. In the 
express language of the constitution : “ So as to pre¬ 
vent abuses in assessments and in contracting debt 
by such municipal corporations.” 


THE STATE OF NEW YORK. 


233 


The old-time way was to give an individual charter 
to each separate city, on the plea that no two cities 
would have the same needs or use just the same 
corporate powers. But the makers of the new consti¬ 
tution, wiser than their predecessors, have divided all 
the cities of the State into three classes. Cities having 
a population of two hundred and fifty thousand or 
more constitute the first class; those having fifty 
thousand, and less than two hundred and fifty thou¬ 
sand, the second class ; all other cities, the third class. 

To each of these classes is given a charter, and over 
them are placed certain general city laws designed for 
the governance of all the cities of a particular class 
or classes. And yet, inasmuch as circumstances may 
arise, or conditions appear which are extraordinary in 
character, the constitution has provided for the pas¬ 
sage of what it calls special city laws,” relating to a 
single city, or to less than all the cities, of a class. As 
the matter of the final disposition of such laws is 
somewhat curious, it may here be briefly noted : 

As soon as a special law has been passed, relating to 
a city, a certified copy must at once be sent to the 
mayor of that city, who must return the bill within 
fifteen days, marked “Accepted by the city,” or with¬ 
out such notice of acceptance. In the former case, 
the bill goes to the governor for his action ; in the 
latter case, the legislature may again pass the bill, 
endorsing it with the words, “ Passed without the 
acceptance of the city,” sending it to the governor. 

In cities of the first class, the mayor decides inde¬ 
pendently upon acceptance or non-acceptance ; but 
in all other cities, the mayor must act concurrently 


234 


SUPPLEMENT. 


with the legislative body of his city. [Students of 
civil government may be interested to study this 
special-city-law arrangement.] 

The tenure, or time, of holding offices is so ad¬ 
justed that in cities of the first and second class the 
time shall expire in an odd-numbered year; and the 
time of State officers, in an even-numbered year. 
Thus the municipal and the State elections will 
occur on different years. [Why was this plan agreed 
upon ?] 

It only remains, in this brief glance at the law 
and government of cities, to name the chief officers 
of the city, leaving it for those who are interested in 
the matter to study the general and special laws of 
the various municipalities of our many-citied State. 

The city government has three divisions as well as 
the State and federal government. At the head of the 
executive board is the mayor, an officer by no means 
holding so responsible a position as the President of 
the United States, yet one more nearly touching 
the daily life of the urban citizen. The board of 
aldermen, or co^nmon council, is the legislative part of 
the city’s political machinery. Its members are 
elected from the city wards, usually for two years. 
To it is entrusted, largely, the care of the city’s finan¬ 
cial interests and its valuable franchises. The judi¬ 
cial power is vested in certain municipal courts, 
varying somewhat in number and kind, in various 
cities. 

To these must be added the officers of the board 
of health, the board of education, the police force, 
fire and excise commissioners, a city attorney, tax- 


THE STATE OF NEW YORK. 


235 


collector, treasurer, assessors, a superintendent of 
police and of schools, and an ever-growing list as 
our cities multiply in number and in population. 

The State.—(Pages 64-97.)—Now we reach, in this 
brief survey, that great political entity called the 
State. Let us, then, briefly examine the constitution 
—the palladium of our home liberty—in so far as it 
has to do with purely State matters, rather than with 
the lesser subdivisions of the State (like school dis¬ 
trict, village, town, county, city) already considered. 
And suppose we test the constitution upon some 
points mentioned in our text (page 71) as essential 
features of such a document. 

1. Preamble. —Here it is, brief, but all-compre¬ 
hending: “We, the people of the State of New 
York, grateful to Almighty God for our freedom, 
in order to secure its blessings, do establish this 
constitution.” 

2. Bill of Rights. —(Pages 72 and 73.)—The 
very first article gives it: Without due legal process 
and impartial trial, no member of the State may be 
disfranchised, or deprived of any rights or privileges ; 
the right of trial by jury shall remain, in its essence, 
forever inviolate; perfect religious liberty shall be 
accorded to every man, but may not be used to 
cloak licentiousness, or justify practices menacing 
the life or health of the body politic; the writ of 
habeas corpus must not be suspended in peaceful 
times; there shall be no excessive bail nor fines, no 
cruel and unusual punishments, no undue detention 
in duress of innocent witnesses in law cases; no 
citizen may be officially charged with heinous crime. 


236 


SUPPLEMENT. 


save upon proper presentment of a grand jury, with 
due opportunity given him for defense; once freed, 
he cannot be jeopardized again for the same offense ; 
he need not testify against himself; his life, liberty, 
property, are sacred by law ; he is to be duly recom¬ 
pensed for any of his property taken by the State for 
public uses; he may freely speak, write, publish, tak¬ 
ing care not to abuse the right ; he may peaceably 
petition the State government, or any department 
thereof, for redress of grievances. 

3. Suffrage. —Here the constitution is very spe¬ 
cific, as it must needs be. The right to vote belongs 
to every male citizen who is at least twenty-one 
years of age, has been a United States citizen for 
ninety days, an inhabitant of the State one year pre¬ 
ceding an election, for the last four months a resi¬ 
dent of the county, and for the last thirty days a 
resident of the election district in which he may 
offer his vote. 

The proper election officers are commanded to 
reject the vote of any citizen who, if challenged, fails 
to swear or affirm that he has not received or paid, 
and does not expect to receive or pay, any money 
or valuable thing for “ the giving or withholding of 
a vote ” at the election, and it is made mandatory 
upon the legislature to enact laws excluding from 
voting any and all persons convicted of bribery or 
infamous crime. 

But the voting law has yet another hold upon the 
citizen. If he lives in a city or village having five 
thousand or more inhabitants, he must register, in 
person, at least ten days before each election. Again, 


THE STATE OF NEW YORK. 


23; 


the constitution calls for that great safeguard, a secret 
ballot—a constitutional requirement now made prac¬ 
tical and real by the enactment of an efficient ballot 
law, which proved its general efficiency and utility 
in the autumn elections of 1895. 

The constitution requires those who register vot¬ 
ers, or distribute ballots to voters, or who receive, 
record, or count votes at elections, to be chosen in 
equal numbers from the two political parties which 
respectively cast the highest and next highest num¬ 
ber of votes at the election next preceding the one 
at which such officers are to serve. [What is the 
advantage of this provision ?] 

4. State Debts. —It may well be believed that 
the question of the financial affairs of a great State 
is a matter of prime importance. For there is a 
very real sense in which a Commonwealth is a great 
business corporation. The constitution, therefore, 
contains the declaration that the State’s credit shall 
not be loaned for any individual or corporate pur¬ 
pose. Yet wisely it provides for any unlooked-for 
deficit, and for any special expense incurred by inva¬ 
sion, insurrection, or war. Moreover, a debt" for 
some special work or object (say, for instance, the 
building of a capitol) may be incurred, provided that 
the proposition has first received the assent of a 
majority of the voting population of the State, and 
has also the sanction of the legislature. The sink¬ 
ing funds of the State must be separately kept and 
securely invested. 

It is understood that a claim against the State 
may “ outlaw,” as the term goes, in the same way 


238 


SUPPLEMENT. 


and in the same time limit as the claim of citizen vs. 
citizen. Thanks to the new constitution, certain 
lands called “ the forest preserve ” are forever to 
remain the property of the State; and the same is 
true of the Erie, Oswego, Champlain, Cayuga, Sen¬ 
eca, and Black River canals. Finally, as respects 
the canals, no tolls are to be imposed, and superin¬ 
tendence and repairs are to be at the expense of the 
State. 

Moreover, the people at the fall election of 1895 
authorized the expenditure of $9,000,000 for im¬ 
provement of the canals, thus giving practical and 
speedy effect to that part of the constitution which 
says: “ The canals may be improved in such man¬ 
ner as the legislature shall provide by law. A debt 
may be authorized for that purpose,” etc., etc. 

5. Taxation. —Not much is said in a direct way 
in the constitution about taxes. The right of the 
State to tax is taken for granted. There is ample 
reason for this, and the necessity for it is very ap¬ 
parent. Practically, the State is free from debt, but 
it would not remain so for a day without the power 
to levy and collect taxes. And so the limit of tax¬ 
ation, the manner of it, the rate (a very important 
matter), the proportion of the total tax falling upon 
real estate and the proportion upon personal property 
—all these matters of detail and administration are 
to be found in the laws passed in pursuance of the 
right and need of the State to tax. 

6. Corporations. —The constitutional definition 
of corporations is noteworthy. The word, or term, 
includes “ all associations and joint-stock companies 


THE STATE OF NEW YORK. 


239 


having any of the powers or privileges of corpora¬ 
tions not possessed by individuals or partnerships.” 
They may sue or be sued. They are formed under 
general laws—very rarely under special act. 

Under this same term, “corporations,” come sav¬ 
ings banks and institutions for savings. They pos¬ 
sess a general charter, alike for all. Their trustees 
are simply holders in trust of the money deposited, 
and may not share in the profits, nor be financially 
interested in the loans of any money, or use of any 
property, of the bank of which they are trustees. 
The stockholders of any corporation for banking 
purposes shall be individually responsible to the 
amount of their respective share or shares of stock 
in such corporation, for all its debts and liabilities. 
Thus strongly hedged about by restrictions and safe¬ 
guards are the banks that hold the savings or act as 
the financial agents of the people. 

7. The Militia. —The constitution does not stop 
to argue the need of a State militia, but it may be 
well for those who are studying into the philosophy 
of things to do so. It will prove a very interest¬ 
ing question. For the purpose of this brief analysis, 
however, it must suffice to say, that the possible 
militia force of the State is just equal to the number 
of able-bodied citizens between the ages of eighteen 
and forty-five ; the real number must not be less than 
ten thousand men, divided into land, naval, active, 
and reserved forces, uniformed, armed, equipped, 
disciplined, ready for active service. At their head 
\<=> governor d.'s, the commander in chief. To him 
belongs the appointment of the chief officers; for 


240 


SUPPLEMENT. 


the residue, the legislature orders the choosing or 
appointing; and any officer may be removed for 
cause. The efficiency of the New York State militia 
has been proven many times and in crucial ways. 

The Legislature.—(Pages 77-82.)—The portion 
of the constitution relating to the legislature is of ex¬ 
treme importance, for it tells the whole story of the 
organization and powers of the law-making branch 
of the State government. We find that the legis¬ 
lature is made up of two bodies, the Senate and 
the Assembly, divided, and yet one. 

The Senate consists of fifty members, and the 
Assembly (or “ lower branch ” as it is sometimes 
called), of one hundred and fifty members. Thp 
fifty senatorial districts are carefully mapped out. 
An enumeration of the inhabitants of the State 
must be made every tenth year, and the distribu¬ 
tion and quota of senators is to be according to 
population. The one hundred and fifty assembly 
districts are named specifically. 

Among the most important of the provisions affect¬ 
ing the legislature are the following: The pay of each 
member of the legislature is $1,500 per annum, and 
an allowance of 10 cents a mile for one round trip, to 
and from home, each session ; no senator or assem¬ 
blyman may hold any other civil office in State or 
nation ; no person is eligible to the legislature who 
for one hundred days previous to his election has held 
any military or civil office in State, nation, or munici¬ 
pality ; and if after election he accepts any national 
office, that fact vacates his legislative seat. The 
senatorial and assembly elections are to be held on 


THE STATE OF NEW YORK. 


241 


the Tuesday succeeding the first Monday of Novem¬ 
ber—each year for assemblymen ; every two years 
for senators. A quorum is a majority. Each house 
has its own rules, is its own judge as to the election, 
returns, and legal qualifications of its own members; 
chooses its own officers ; keeps its own journal of 
proceedings, ordinarily published; its doors are 
generally thrown open to the public; neither house 
may adjourn for more than two days without consent 
of the other house. [Why?] Nobody may call sen¬ 
ators and assemblymen to account for words uttered 
in debate. [Why ?] Any bill may originate or be 
amended in either house. And here is an important 
provision—the enacting clause of all bills shall be: 
The People of the State of New York., represented in 
Senate and Assembly, do enact as follows. [Let the 
student study the language carefully ; it is very sug¬ 
gestive.] 

The legislature is enjoined by the constitution, 
in more than a dozen specific and comprehensive 
cases, from passing private or local bills, and, in 
all other cases where a general law will answer, 
must proceed under the general law. Again, the 
legislature itself cannot audit or allow any pri¬ 
vate claim against the State, but may appropriate 
money if the claim is established by legal proof; no 
public moneys or property can be applied by the 
legislature without concurrence of two thirds of its 
members, and no money can be expended, except 
by law; a yea and nay vote is necessary in all appro¬ 
priations of public money. 

The constitution creates boards of supervisors 

Pet. C. Go.—16 


242 


SUPPLEMENT. 


and common councils (or aldermanic boards), giving 
power to the legislature to confer such local powers 
of administration and legislation upon them as it 
sees fit, and forbidding them to grant extra com¬ 
pensation to public servants. 

Among the new items of the last constitution is 
the power conferred upon the Senate to choose a 
temporary president to act in case of the absence, 
impeachment, or refusal to act of the lieutenant- 
governor, or when he is acting as governor. Another 
new safeguard of wise legislation is the provision 
that no bill shall become a law (except when urgency 
is certified to by the governor) unless it has been in 
printed form on members’ desks for three legislative 
days, at least, before final passage ; and on such final 
passage no amendment shall be allowed. 

The most far-reaching and suggestive new consti¬ 
tutional legislation is that which forbids, after Janu¬ 
ary, 1897, all “contract work ” in the prison-houses 
of the State, leaving to the legislature the power to 
«^ompel convicts to work for the State, and according 
permission to the State to purchase the work of its 
own prisoners. Students of penology will watch this 
experiment with great interest. 

A bill becomes a law when it has been passed in 
both houses, and has received the assent of the gover¬ 
nor ; or if he vetoes it, the bill must be repassed by 
a two-thirds vote in each house before it can become 
a law. Few bills survive the two-thirds ordeal. 

Just here it may be well to add a few words con¬ 
cerning the making of bills into laws. 

(i) If the governor fails to return a bill within ten 


THE STATE OF NEW YORK. 


243 


days, it becomes a law, by expiration of the time 
limit; but should the legislature adjourn before the 
ten days expire, it does not become a law without 
the governor’s approval. 

(2) The governor has thirty days after adjourn¬ 
ment of the legislature in which to sign or veto. 
This gives him time to think calmly and decide 
coolly. 

(3) The governor may approve some items in an 
appropriation bill; and disapprove others. 

The Executive Power. — (Pages 84-91.) — The 
power to execute, or enforce the laws is entrusted 
to a governor (term, two years; salary, $10,000). 
Associated with him is a lieutenant-governor (term, 
two years; salary, $5,000). To be eligible to either 
office, a person must be not less than thirty years of 
age, and for five years, at least, a resident of New 
York State. If the governor, for any reason, such 
as impeachment, removal from office, death, or 
inability, becomes unable to discharge his duties, 
such duties thereupon devolve upon the lieutenant- 
governor ; and after him in succession on the 
president of the Senate and the speaker of the 
Assembly. 

Some of the duties of the governor are : To act as 
commander in chief of the military and naval forces of 
the State ; to convene the legislature in special ses¬ 
sion ; to send an annual message to the legislature, re¬ 
commending certain things ; to transact all necessary 
public business; and, especially, to see that the laws 
are faithfully executed. 

Some of the powers conferred upon the governor 


244 


SUPPLEMENT, 


are: To grant “reprieves,” “commutations,” “par¬ 
dons,” except for treason and in cases of impeach¬ 
ment, in which the legislature has final authority; 
and each case of reprieve, commutation, or pardon 
must be reported to the legislature, although the 
latter cannot change the governor’s action with 
respect to such cases. While the governor acts for 
the interests of the State at large, the lieutenant- 
governor presides over the deliberations of the 
Senate (though not a member of that body); and 
the speaker of the Assembly, who is a member of 
the Assembly, has a like duty to perform in that 
body. 

The following officers are also chosen by the people 
for a term of two years each : 

(1) The secretary of state (salary, $5,000) is the 
custodian of the valuable papers of the State, trans¬ 
cribing and attesting the correctness of the laws of 
the State. 

(2) The comptroller (salary, $6,000) looks after the 
financial interests of the State, collects its taxes of 
all kinds, negotiates loans, and in general seeks to 
strengthen the credit and lessen the debts of the 
State. 

(3) The treasurer (salary, $5,000) pays out money 
upon the warrant of the comptroller. 

(4) The attorney-general (salary, $5,000) is the 
State’s legal officer, and, as such, brings suit in the 
name of the people of the State of New York, or 
defends the State legally in case of need. To him 
other State officers look for legal opinions on con¬ 
troverted matters in their respective departments. 


THE STATE OF NEW YORK. 


245 


(5) The State engineer and surveyor (salary, $5,000) 
must be a “ practical civil engineer/’ and, as the title 
of his office would imply, must care for the public 
waterways and highways of the State. 

To the foregoing list of officers, chosen by the 
people, should be added the following, appointed by 
the governor, and specifically named in the constitu¬ 
tion : a superintendent of public works (salary, $6,000), 
who really succeeds to the duties of the former canal 
commissioners and board of canal commissioners— 
that is, he has charge of all matters relating to the 
canals, except such as by law are given over to the 
State engineer and surveyor; and he has at his dis¬ 
posal much of what is called “ political patronage.” 

A superinte 7 ide 7 it of the State prisons (salary, 
$6,000) takes the place of the former inspectors of 
State prisons. Like the commissioner of public 
works, he is appointed by and with the advice and 
consent of the Senate ; but the term of office of the 
latter expires with that of the governor appointing 
him—the former holds the prison keys for five years. 
It goes almost without saying that the chief duty of 
this officer is the care of prisons and prisoners. 

There are certain other officers, as commissioners 
of the land office, commissioners of the ca 7 ial fu 7 id, 
and the canal board, who are neither chosen by the 
people nor appointed by the governor. These fill 
offices assigned by the constitution to various State 
officers. The land commissioners are the lieutena 7 it- 
governor, speaker of the Assembly, secretary of state, 
comptroller, treasurer, attorney-general, State engi- 
7ieer and surveyor. And the first five constitute the 


246 


SUPPLEMENT. 


commissioners of the canal fund, while the canal 
board consists of the canal fund commissioners, the 
State engineer and surveyor, and the superintendent 
of public works. 

In addition to the executive offices thus far enu¬ 
merated, there are very many others not mentioned 
in the constitution which are created by the statute 
law. And each of the many officers is supposed to 
stand in his appointed place, and do his part in 
executing the mandates of the State. 

The Judicial Department.—(Pages 92-94.)—Upon 
no part of the new constitution was there expended 
so much thought and care as upon the judicial de¬ 
partment, or the courts. The result is an entirely 
new article of twenty-three sections—too elaborate 
and technical to be discussed here. Even the judges 
are puzzled at some of the minor provisions and 
possible workings of the new judicial scheme. Let 
us confine ourselves, therefore, to a few main points 
and salient features. 

By the abolition, after 1895, of certain courts— 
with the names of which we need not cumber our 
memory—and the retention of the judges (eighteen 
in number) of these abolished courts; by adding the 
forty-six justices of the old supreme court, and 
twelve new ones, making seventy-six in all, we get 
the personnel of the reorganized supreme court. A 
good tenure of office is theirs—fourteen years—and 
a salary of $6,000 per annum. This court has “ gen¬ 
eral jurisdiction in law and equity.” By the new 
constitution, also, there is formed an appellate divi¬ 
sion of the supreme court, having the jurisdiction 


THE STATE OF NEW YORK. 


247 


formerly exercised by the “ general terms ” of the 
supreme court, and by the recently abolished 
courts. 

The court of appeals is, we are glad to say, con¬ 
tinued ; for it has always been an honorable court. 
It consists of a chief judge and six associate judges 
(salary, $10,500 and $10,000, respectively). The 
tenure of office is fourteen years, and no judge of 
this court may hold a place upon the bench after 
he is seventy years of age. “ The jurisdiction of 
the court of appeals, except where the judgment 
is of death, shall be limited to the review of ques¬ 
tions of law.” 

Both as to the court of appeals judges and the 
justices of the supreme court, it is commanded that 
they shall hold no other office or public trust; 
furthermore, they may be removed by concurrent 
resolution of the legislature, two thirds of each house 
concurring. 

The county courts are continued. This is well, 
alike for convenience and for disposal of many 
cases too important for the lowest courts, and yet 
often not of sufficient importance to warrant appeal 
to the highest courts; yet to them appeal may be 
made. There is one judge for each county court 
(except Kings County, which has two) ; the length 
of term is six years, and a salary is established by 
law, and paid out of the county treasury. The old 
“court of sessions” went out of existence on the 
last day of December, 1895, and its pending actions 
and proceedings were transferred to the county 
court. 


24B 


SUPPLEMENT. 


Surrogate courts are continued. In small coun¬ 
ties the county judge and surrogate are one person ; 
in larger counties, different persons. In all counties, 
except that of New York, the surrogate’s term is 
six years ; in New York it is fourteen. The salary is 
determined by law. The jurisdiction is much the 
same as in county courts. 

The voters elect justices of the peace for four 
years, whose number, classification, and salary are 
determined by law. The justices' court has juris¬ 
diction in cases of comparatively small importance, 
in money value not exceeding two hundred dollars. 
But any litigant not satisfied with the verdict of this 
court may appeal to the county court. 

Justices of the peace are the only judicial officers 
who may receive “ fees or perquisites of office ” 
(these in lieu of a fixed and sufficient salary); and 
no judge of the appeals, supreme, county, or surro¬ 
gate court may practice as attorney or counselor, or 
act as referee in any court of record in this State. 
[What is a court of record ?] 

Finally, the chief courts of the State, leaving 
out inferior and special courts, are four: supreme, 
appeals, county, justices’. By means of these four, 
chiefly, the enormous legal business of the citizens 
of the State is transacted. 

The judges of the court of appeals have permanent 
chambers at Albany, and the county, surrogate, and 
justices’ courts are permanent ; but the supreme 
court judges hold court in various important places 
throughout the State, so reaching every part of its 
great domain. 


7HE STATE OF NEW YORK. 


249 


Supplementary.—In our rapid survey of the most 
salient features of the constitution, a few points, 
well worthy of mention, have been omitted. Let 
us very briefly gather them together: 

Divorce cannot be granted save by proper judicial 
proceedings. Any lottery, “ or the sale of lottery 
tickets, pool-selling, bookmaking, or any other kind 
of gambling, shall not be authorized or allowed within 
this State.” There shall be no limitation, hereafter, 
upon the amount recoverable for injuries resulting 
in death. For the purpose of voting, no person 
gains or loses a residence while in United States 
service, nor while engaged as a sailor, nor while a 
student in any seminary, nor while in an almshouse, 
or any institution kept by public or private charity, 
nor while a State’s prison inmate. 

The State treasurer, for suspected malfeasance in 
office, may be suspended, during the recess of legisla¬ 
ture, by the governor. The power of impeachment 
is lodged with the Assembly. The impeachment 
court is composed of the president of the Senate, 
the senators, and the court of appeals judges. 

The members of the court of impeachment are 
under oath, conviction requires concurrence of two 
thirds of the members present, and punishment is by 
simple removal from office, or added disqualifica¬ 
tion to hold any office of honor, trust, or profit under 
the State. 

The legislature shall make due provision for the 
education and support of the blind, the deaf, the 
dumb, and of juvenile delinquents ; “ shall not pre¬ 
vent any county, city, town, village, from provid- 


250 


SUPPLEMENT. 


ing for the care, support, maintenance, and secu¬ 
lar education of inmates of orphan asylums, homes 
for dependent children, or correctional institutions, 
whether under public or private control; ” but pay¬ 
ment for such services, if to private institutions, may 
only be authorized, not compelled, by the legisla¬ 
ture, and the rules and regulations of such private 
institutions shall be such as are established by the 
State board of charities. Such a State board of 
charities the legislature shall provide for, and it 
shall be the duty of such board to look after and 
report upon charitable institutions, incorporated or 
not. 

A State commissio 7 i in lunacy is to inspect all 
institutions, either public or private, for the care and 
treatment of the insane ; and a State commission of 
prisons is to report upon such institutions as are 
“ used for the detention of sane adults charged with 
or convicted of crime, or detained as witnesses or 
debtors.” 

Finally, we note the civil service regulations, a 
most important law, compelling appointments to, 
and promotions in, all of the civil divisions of the 
State to be by competitive examinations, “ so far as 
practicable ; ” provided, also, and furthermore, that 
honorably discharged soldiers and sailors of the 
civil war, citizens and residents of the State, shall 
have preference. 

The oath of office is very stringent, yet most fair, 
requiring adhesion to the United States and the New 
York State constitutions; a promise to discharge 
faithfully all public duties; and utter denial of in- 


THE STATE OF NEW YORK. 


251 

fluencing, by any valuable consideration, the vote of 
any elector. 

The attempt to bribe any officer of the State, or 
the reception of any such bribe by any ^officer, in¬ 
volves both the briber and the bribed in condemna¬ 
tion; if the bribe is rejected, only the tempter is 
responsible. 

In regard to passes there is great and much-needed 
stringency. No public officer, either for his own 
use or benefit, or that of another, may ask or re¬ 
ceive any “ free pass, free transportation, franking 
privilege, or discrimination in passenger, telegraph, 
or telephone rates, from any person or corporation.” 
If he does so, he shall give up his office at the de¬ 
mand of the attorney-general. And any corpora¬ 
tion, through any officer or agent thereof, who shall 
offer such free pass, etc., shall be deemed guilty of a 
misdemeanor. The governor may remove a district 
attorney who fails to prosecute a person charged with 
the violation, in his county, of any provision of this 
plain-speaking thirteenth article. It is noteworthy 
that the cost of prosecution by the county is borne 
wholly by the State. 

The political year and legislative term ” begin on 
the first day of January, the legislature assembling 
on the first Wednesday in January. 

The constitution may be amended by a majority 
vote of two successive legislatures, followed by adop¬ 
tion by the people; and revision of the constitution 
may be made every twenty years, if such revision 
be in accordance with the expressed wish of the 
people. 


252 


SUPPLEMENT. 


ORIGIN AND DEVELOPMENT OF GOVERNMENT. 

The Town. —The foregoing part of this supple¬ 
ment is devoted to a brief but careful analysis of the 
constitution of the Empire State. By far the greater 
part of that document is sound and strong; the rest 
is worthy of a fair trial. And yet, the best constitu¬ 
tion ever devised by the wisdom of men will avail 
but little for good government, unless sustained by 
loyal and law-abiding citizens. 

A constitution cannot execute nor enforce itself; 
orderly government is necessary for the protection 
and peacefulness of mankind. Put, now, these two 
facts together, and it is not strange that little 
knots of families, early in history, came together into 
clans; not strange that these clans settled in little 
communities for mutual protection and defense. 
Each strip of land so inhabited was called a mark; 
and when encompassed by a wall, as a barrier against 
robbers and wild beasts, it was called a tim, our Eng¬ 
lish town. No doubt the origin of the town goes 
back of English life; but the idea of the town as a 
kind of democracy agreed so well with the political 
genius of the Anglo-Saxon race, that it is in England 
we find the earliest and best development of the 
town idea. To that idea Englishmen clung; that 
idea they brought with them across the seas, in the 
beginning of the seventeenth century, to America. 

That the idea assumed more nearly its native shape 
and power in New England than in Virginia is due 
to the differing types of Englishmen composing, 


THE STATE OE AEIV YORK. 


253 


respectively, the Jamestown and the Plymouth com¬ 
panies. The colony of New York came nearer to the 
New England ideal than did Virginia, and it had 
many town offices similar to those in the East. Still 
the Dutch colonists of New York were filled with 
the spirit of trade, and it takes something more than 
that to found an ideal town life; and the case was 
no better when the colony came under English 
domination. 

And yet, wherever the town system of govern¬ 
ment came into use, even imperfectly, it gave voice 
to that cardinal doctrine of democracy, the principle 
of representation—a principle which a true American 
does not argue about, but feels; and as the town is a 
political unit, so the voice of the towns is a united 
one for representative government. 

The County.—Not only is the town a political 
unit, it is also an integral part of another civil divi¬ 
sion, the county. As out of the clan came the town, 
so forth from the tribe came the shire—our county. 
In England the passing of the years has witnessed 
the development and the decay of a strictly county 
system of government; but this system was early 
transplanted to America, and took deep root here, 
flourishing at first, perhaps, because of its conven¬ 
ience, but now because of the great political power 
to which it has attained. And in no State of the 
Union is that power greater than in New York. Its 
wide scope is perhaps best seen in the county board 
of supervisors, made up of one supervisor from each 
town, and one from each city ward within the county 
borders. Its legislation is local, and yet supreme in 


254 


SUPPLEMENT. 


many home concerns. Well has it been styled The 
County Legislature.” 

The City.—We have spoken of town and county, 
but what of the place of the city in our American 
life? Historically it is true that the city, especially 
the English city, is the outcome of the borough, or 
perhaps it is truer to say it is kindred to the borough. 
Now a borough or a city—call it by whichever name 
you will—as related to English life simply meant 
the coming together in a natural way of a compara¬ 
tively large number of people thus compacted into 
a comparatively small space. 

But even though we grant that the American city 
had its genesis in the old city or borough of England, 
we must be very careful not to push the historic 
parallel too far. For the essential character and life 
of a transatlantic and a cisatlantic city greatly 
differ. Many offices of each are the same or similar. 
But in the cities of England there is greater watch¬ 
fulness, responsibility, efficiency, and honor among 
municipal officers than in the cities of the United 
States. 

The State. —Along the winding paths of the 
Dutch colonial settlement, dating from 1624, over 
the hard road of English colonial life, stretching 
from 1664 on for more than a century, New York 
marched, in 1776, through the gateway of independ¬ 
ence to Statehood. Remember the dates—from 
1624 (about) to 1664 she was a Dutch colony ; from 
1664 to 1776, an English colony; since 1776, a State. 

For nearly a century, also, this State, by common 
consent, has been accorded the primacy among the 


THE STATE OF NEW YORK. 


255 


forty-five now comprising the Union. This is true 
of her population, and of her vast and varied com¬ 
mercial and manufacturing interests. Educatio7ially, 
too, the State takes high rank. From a half-dozen 
funds, the public-school money aggregates$5,000,000 
a year, and local taxation for eommon-school pur¬ 
poses amounts to three times that sum. By recent 
enactment the State has taken under its sheltering 
wing the helpless and insane, at a great, and as yet 
unknown, cost. 

The State does not own the railroads within its 
limits, as it does the canals, yet upon the former 
it expends several thousand dollars annually, for 
inspection, to compel railroad corporations to a 
due respect for the rights and safety of the trav¬ 
eling public; nor does the State begrudge large 
amounts for needed internal improvements, for the 
maintenance of an effective militia force, and for 
such other police-like organizations as may be needed 
to keep the peace in the great Commonwealth of 
New York. 

But the great public interests just mentioned, 
together with many others, call for a vast expendi¬ 
ture of money. This the State can get only by taxa- 
tion, for it has no money of its own. The ordinary 
taxes levied upon the citizen are for town, county, 
and State purposes. Thus he becomes in a three¬ 
fold sense a citizen, responsible for the support of 
all three divisions of the body politic. The way in 
which taxes are assessed is somewhat like this: The 
town assessors make out a list of the value of all real 
and personal property subject to taxation (certain 


256 


SUPPLEMENT. 


forms of property, as schools, churches, public build¬ 
ings, etc., being exempt). This list is submitted to 
the citizens taxed, who may ask for a reduction, if 
unfairly assessed. The list is then sent to the proper 
State and county officers, whose duty it is to “ ap¬ 
portion,” as the term is, the quota of each town, 
bosed upon the valuation list, towards the expenses 
of county and State. 

Before the list becomes operative in a town, an 
estimate of the expenses of the town for the cur¬ 
rent year must be made, and upon that estimate 
the town tax is based. And so to town, county, 
and State treasurers, respectively, the taxes of the 
citizen finally are paid, in a grand total of $60,000,000 
a year. 

And yet the beneficent institutions and great 
wealth of the State would soon perish were it not 
for the laws which are over the citizen to preserve 
the public welfare. 

If A owes money to B, the latter can compel pay¬ 
ment through the courts. That is called a “ civil 
case.” If A attacks B with intent to do bodily 
harm, a “criminal case” may grow out of that. 
Now to state all the proceedings of the law in civil 
and criminal cases would be a long task. It must 
suffice to say this: The person suing is called the 
plaintiff; the person sued, the defendant. By au¬ 
thority of the court, the plaintiff issues a summons 
to the defendant, calling him into court. On both 
sides witnesses are summoned ; the trial comes on; 
witnesses are examined and cross-examined ; lawyers 
plead; the case is decided by the court, or goes to a 


THE STATE OF NEW YORK. 


257 


jury for decision ; and whatever that decision, either 
side may appeal to a higher court, if higher court 
there be. 

A Written Constitution.—Thus have we given a 
few illustrations of the power wielded by the State for 
the good of its citizens. And when one thinks that 
this power is lodged in the written constitution of 
the State, one gets a better conception of the useful¬ 
ness of such a document. 

Moreover, it adds greatly to our regard to know 
and to remember that such documents—our various 
State constitutions—are the creation of American 
political genius and life. Grant that the germ of 
the constitution idea is in the charters of England, 
or in those given by her to our colonial ancestors, 
yet it is true that, even to this day, England has 
no written constitution, and that we have not a 
State in all our galaxy without one. “ Let her be 
ruled by precedent; ” we cry, “ What says the 
law?” For the constitution of the State is its 
supreme law. 

Yet it must not be forgotten that there is a law 
over the citizen higher than that of the State con¬ 
stitution. It is T:hat of the Federal Constitution, to 
which every citizen in the land owes his first allegi¬ 
ance. And the general relation of the State to the 
Federal government cannot be summed up better 
than by the following quotation : 

“ This [Federal] Constitution . . . shall be 

the supreme law of the land ; . . . anything in 

the constitution or laws of any State to the contrary 
notwithstanding.” 

Pet. C. Go.—17 


258 


SUPPLEMENT. 


THE LAWS TOUCHING THE MORE IMPORTANT 
RELATIONS OF INDIVIDUALS. 

The Rights of Individuals. —The rights to lib¬ 
erty, security, and private property, guaranteed by 
the State constitution (page 72), are secured by 
statute laws made by the legislature and by com¬ 
mon law (page 170). 

Laws as to Persons. —Personal protection is se¬ 
cured by laws which permit the individual to defend 
himself with all necessary force when assaulted, or, 
when he has reasonable ground to fear personal vio¬ 
lence from any person, to cause that person to be 
placed under bond to keep the peace. There are 
also laws by which heavy damages may be collected 
for slander, that is, making or repeating false and 
injurious statements about another; and for libel, 
that is, the publishing by printing or writing of such 
false and injurious statements. 

Marriage .—In this State it is illegal for a female un¬ 
der sixteen, or a male under eighteen years of age, to 
marry. Very near relations, as parent and child, 
brother and sister, or half-brother and sister, may not 
marry each other. A marriage contracted through 
force, deceit, or fraud may be annulled. It is a crime 
to have two or more wives or husbands at the same 
time, and all these marriages after the first are void. 
The ceremony of marriage is essentially a solemn 
declaration of the man and the woman that they take 
each other for husband and wife, and must be per¬ 
formed before a clergyman ora magistrate, and in the 


THE STATE OF NEW YORK. 


259 


presence of at least one witness. The husband is 
obliged to support his wife, and is liable for debts that 
she may contract for the necessities of life, but for no 
others. The wife may own property and make con¬ 
tracts independent of her husband, and at his death 
she has a life interest or estate, called'her dower right, 
to one third of his real estate. The widow’s dower 
right extends not only to the real estate the husband 
owns at his death, but to all that he has owned since 
his marriage, except such as the wife has expressly 
relinquished this interest in. Hence, in conveying 
real estate, the wife, as well as the husband, must sign 
the deed, and thus convey her dower right in the 
property. Divorce, or annulment of marriage, may 
be granted by the courts for certain causes, which 
differ somewhat in the different States. 

Parents and Children .—The law gives to the parent 
the custody of his children and the right to their 
labor or wages until they are of age (twenty-one 
years old), but it requires him to support and educate 
them. In case a child has property of his own, the 
court appoints a guardian to take care of it until the 
child is of age; and if the child’s parents are dead, 
the guardian takes their place toward the child, who 
is called his ward. 

Master and Servant.^OzQ.d.C\oxi2\\y a child is bound 
by a written agreement to serve a master for a period 
of years as an apprentice in consideration of being 
taught a trade. In such cases the master exercises 
in general the powers of a parent over the apprentice. 
In nearly all other cases, however, the servant is sim¬ 
ply an employ^ of the master or employer, and the 


26 o 


SUPPLEMENT. 


relations between them are those of principal and 
agent. 

Laws as to Property. — Title of Real Estate ,— 
Land is immovable and imperishable, and (together 
with its appurtenances, such as the buildings upon it, 
etc.,) it is therefore called real property, or real estate, 
or realty, in distinction to which all other kinds of 
property are classed as personal property, or person¬ 
alty. A person’s title to real estate may be absolute 
or qualified ownership. If absolute, he is said to own 
it in fee simple. It is absolutely his to do with as he 
pleases during his life, and to dispose of as he pleases 
at his death. Qualified ownership may be : (i) A life 
estate, in which case the tenant may use the prop¬ 
erty, or the rents from it, during his life, but may not 
sell nor mortgage it. A widow’s dower is a life estate, 
and life estates are often created by a will. (2) An 
estate for a term of years, usually created by a writing 
called a lease, during the continuance of which the 
rights of the tenant in the property are much the 
same as if he were a life tenant. (3) A trust, in which 
the trustee holds and manages the property for the 
benefit of another. 

Transfer of Real Estate. —When real estate is sold, 
the transfer is witnessed by a written contract called 
a deed, in which is set down the name of the pur¬ 
chaser, the consideration, a description of the prop¬ 
erty, and the interest conveyed. The deed is signed 
by the person selling, and by his wife, if he has one, 
and these signatures are witnessed and acknowledged 
before the proper officer. The deed usually con¬ 
tains also the maker’s agreement to warrant and 


THE STATE OF NEW YORK. 


261 


def^d his title to the property conveyed. The 
document is then sealed, and delivered to the pur¬ 
chaser or his representative. The* deed should then 
be sent by the purchaser to the proper officer for 
entry in the public records (page 53), that all persons 
interested may learn of the transfer. 

Mortgages ,—A mortgage has the form of a deed, 
and like it should be recorded. It is given to secure 
the repayment of a loan, and upon such repayment 
the mortgage becomes void. If the loan is not re¬ 
paid, the mortgage may be foreclosed and the prop¬ 
erty may be sold to satisfy the debt. 

Leases .—A lease is a contract, usually written, 
whereby the owner of real estate conveys to another 
the right to possess and use the property for a term 
of years, usually in consideration of a specified rental. 
During the continuance of the lease, the tenant is 
practically the owner of the property, and, unless the 
contrary is specified in the lease, he may assign his 
interest, or sublet a portion of the property, and is 
obliged to make ordinary repairs, as he must de¬ 
liver the property back to the landlord at the expi¬ 
ration of the lease in as good condition as he received 
it, ordinary wear and tear excepted. The tenant is 
not obliged, however, to make extraordinary repairs, 
nor to rebuild houses destroyed by accidental causes. 
If the tenant fails to pay the rent, or otherwise vio¬ 
lates the terms of the lease, he may be evicted or 
dispossessed before the expiration of the lease, by 
due process and by the officers of the law. 

Appurtenances .—Appurtenances are the buildings, 
vegetation, springs, minerals, etc., on real estate and 


262 


SUPPLEMENT. 


rights connected with it, which are considered part 
of it and are conveyed with it, although not specifi¬ 
cally mentioned in the deed. Among possible ap¬ 
purtenances may be mentioned the right of way or 
passage over, or the right to lay pipes through or to 
get water from, or the right of pasturage upon, ad¬ 
joining property belonging to another. Such rights 
are acquired either by direct grant from the owner of 
the adjoining property, or by twenty years undis¬ 
puted use. A very common appurtenance in cities 
is a party wall built on adjoining lots. Both owners 
can use the wall as part of their houses, but neither 
can remove the part of the wall which stands on his 
lot; it is an appurtenance of the adjoining property. 

Promissory Notes .—A promissory note is a written 
promise to pay a specified sum on demand, or at a 
specified time, to bearer, or to the order of a person 
specified in the note. The person who signs the 
note is the maker; the person to whose order the 
note is payable is the payee. Such notes are nego¬ 
tiable until their maturity (date of payment). The 
payee transfers the note by indorsing his name on 
the back of it, either with or without specification of 
the person to whose order it is to be paid. The 
person so specified may transfer the note by indors¬ 
ing it himself, and so the note may be* transferred 
indefinitely. If no person is specified by the in¬ 
dorser, the note becomes payable to bearer. 

Upon maturity of a note the law holds the maker 
responsible for its payment, and the indorsers as 
well, provided the holder of the note immediately 
sends to them formal notification or protest against 


THE STATE OF NEW YORK. 


263 

its non-payment by the maker. Unless the words 
“ with interest ” are specified, notes draw interest 
from the time they are due ; demand notes, from 
the time payment is demanded. In some States 
three days of grace are allowed for the payment 
of the note after the date of payment named in it. 
Days of grace have been abolished, however, in New 
York and in several other States. 

Interest .—The maximum rate of interest that can 
be charged for the use of money is fixed by law in 
nearly all of the States. In New York it is 6 per 
cent, but it varies in the different States. Heavy 
penalties are provided for usury^ or the attempt to 
exact excessive interest. 

Wills .—One may dispose of his property at death 
by means of a will, which must be in writing, and 
must, in general, be signed* by the person making it, 
and by two witnesses in one another’s presence. A 
will may be made at any time before death, and 
more than one may be made, in which case the latest 
supersedes the earlier wills. A codicil is an addition 
or appendix to a will, and is prepared with the same 
formalities as the will. After the death of the maker 
the will is entered for probate at the proper local 
court. This court empowers the executors to carry 
out the provisions of the will. If one dies intestate— 
that is, without leaving a will—the court distributes 
his real estate according to law among his children 
or relations, and appoints an administrator to dis¬ 
tribute his personal property. 

Gifts a 7 id Bequests .—Gifts of part or the whole of 
his property may be made by any person at any time, 


SUPPLEMENT. 


264 

unless it can be shown that the object of the donor 
in parting with his property was to defraud his 
creditors. Gifts cannot be revoked after delivery is 
made, unless the gift is made when the donor believes 
himself at the point of death. In this case, if the 
donor should not die, he may revoke the gift. 

Contracts .—A contract is an agreement between 
two or more people to do or not to do something. 
Some contracts must be in writing, as deeds, mort¬ 
gages, and in general those which are to be executed 
at some future time, and those involving large sums 
of money; other contracts may be oral, while others 
may be simply implied. Thus, if the butcher sup¬ 
plies you with meat upon your order, the law con¬ 
strues your order as an implied contract to pay for 
the meat. All contracts to be valid must have a 
consideration; that is, something of value given or 
promised as a reason for the agreement. 

The general object of all laws on the subject is to 
enforce the execution of valid contracts. Contracts 
are not valid if made by force or fraud; if one of 
the parties is a child, or not in sound mind; or if 
the subject of agreement is either a crime, or natu¬ 
rally impossible of execution. In case a valid con¬ 
tract is not carried out, the aggrieved party may 
obtain redress through the courts, which either 
force the other party to carry out his contract, or 
make him pay damages to the party aggrieved. A 
suit of this kind, however, must be brought within 
a reasonable time after the breaking of the contract. 
This time varies with the nature of the contract, 
and in different States. 


THE STATE OF NEW YORK. 


265 

A contract to sell personal property transfers the 
ownership before the property is delivered. A con¬ 
tract to sell personal property should be in writing 
if the amount is large, but this is not necessary if 
there is a delivery of part of the goods, or a payment 
of part of the price. If the time of delivery and 
payment is not specified in the contract, the seller 
has a lien on the goods, and need not deliver them 
until payment is made. He loses this lien, however, 
upon delivery of the goods. Lost or stolen property 
may be recovered by their true owner, although they 
may have been sold by the finder or the thief in the 
meantime. 

Common Carriers .—Common carriers, such as rail¬ 
roads, steamboats, express companies, etc., are 
obliged to transport for all alike who tender the 
regular fee or charge, provided the vehicle is not 
already full, and the article to be transported is not 
of a character likely to injure the other contents of 
the vehicle. Common carriers are in general responsi¬ 
ble for goods which they transport, and they have a 
lien upon them for freight charges until delivery, and 
they need not deliver them until the charges are paid. 

Insurance Contracts .—Such contracts are in general 
void, unless the property belongs to the parties in¬ 
sured and has been truly represented to the insurers. 

Principal and Agent .—One employed to act for 
another is called an agent, and the one for whom he 
acts is his principal. In general the principal is 
bound by, and is responsible for, the act of his agent, 
if the latter is acting within his authority. If, how¬ 
ever, the agent exceeds his authority, or if he does 


266 


SUPPLEMENT. 


not tell who his principal is, or if he pretends to be 
himself the principal, he, and not his principal, is 
responsible. 

Partnerships. —Partnerships are contracts between 
two or more people to carry on business and divide 
its profits and losses. In general the act of one part¬ 
ner in connection with his business binds the whole 
firm, and each partner is individually liable for the 
debts of the firm. If a partner withdraws from a firm, 
public notice must be given, in order to relieve the 
mutual responsibility for each other’s acts of the 
withdrawn partner and the remainder of the firm. 

Limited partnerships, in which the liability of one 
or more of the partners is limited to a certain 
amount, are permitted in New York and several of 
the States, provided the facts are fully stated in the 
partnership contract, and are recorded in the public 
records and duly advertised in the newspapers. 

Joint Stock Companies and Mutual Aid Associations. 
—These are corporations formed and authorized, 
under the law, to transact business, under the com¬ 
pany name, as a single person. 

Members of such corporations are held responsi¬ 
ble for debts only to the extent of their shares in 
the property of the company, except in the case of 
banks, where the stockholders are liable to the 
extent of twice their shares. 

Crimes.—These are either felonies or misdemean^ 
ors. The graver crimes are felonies, and are punish¬ 
able either by death or imprisonment in the State 
prison. Treason against the State, or murder in the 
first degree, that is, killing with malice and premedi- 


THE STATE OF NEW YORK. 


267 


% 

tation, are punishable with death. Murder in the 
second degree—killing without premeditation, or in 
a duel—is punishable with imprisonment for life. 
Other cases of unjustifiable homicide are manslaugh¬ 
ter, and with all other felonies are punishable by- 
imprisonment for varying terms, according to the 
gravity of the offense. Arson is the willful setting 
fire to buildings, railroad cars, vessels, or other vehi¬ 
cles. Bigamy, burglary, dueling, embezzlement or 
misapplication of funds, extortion or blackmail, for- 
gery, grand larceny, or the theft of a sum of money 
over a certain amount, kidnapping, poisoning, receiv¬ 
ing stolen property, rioting, robbery, are among the 
many crimes classified by the State laws as felonies. 
Misdemeanors being lesser crimes, are punishable by 
fines or shorter imprisonments, and the imprison¬ 
ment is not in the penitentiary, but in the county 
jails, or in workhouses, or in houses of correction. 

International Relations.—These do not ordinarily 
touch the individual. Travelers in general are subject 
to both the protection and the penalties of the laws 
of the country in which they are traveling. Ambas¬ 
sadors and ministers plenipotentiary, representing 
their own in a foreign country, are subject to and are 
under the protection of the laws of their own country 
only. Consuls residing in foreign countries, however, 
are subject to the laws of that country. Extradi¬ 
tion treaties have been made between most civilized 
countries whereby they surrender fugitives accused 
of grave crimes for trial in their own county. 

Neutrals .—A neutral nation may not, as a nation, 
aid either belligerent, and neither belligerent can use 


268 


SUPPLEMENT. 


the territory of the neutral nation for hostile pur¬ 
poses. The citizens of a neutral nation, however, 
may continue their trade with either belligerent, and, 
according to international law, neither belligerent 
has a right to confiscate goods belonging to the 
neutral citizen, even if captured by one belligerent 
when in transit to the other, unless such goods be 
arms or ammunition, or other commodities which 
would directly contribute to the prosecution of the 
war. If, however, one belligerent is able to block¬ 
ade the ports of the other, the goods of neutrals 
sent into that port may be captured and appropri¬ 
ated. 


WEBSTER’S DICTIONARIES 

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Of the English Language, giving the derivations, pronun¬ 
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